Belgian International Insurance Group SA v McNicoll [1999] ScotCS 81 (19 March 1999)

Belgian International Insurance Group SA v McNicoll [1999] ScotCS 81 (19 March 1999)

The pursuers' action is based on delict for fraudulent misappropriation, not on the compromise agreement. The prorogation clause in the agreement does not apply. The Scottish court has jurisdiction under Article 2 of the Brussels Convention. The sum sued for is properly specified and relevant as it is based on the admitted misappropriation.

Citation
[1999] ScotCS 81
Parties
Pursuer: Belgian International Insurance Group S.A.; Defender: Euan McNicoll
Jurisdiction
Scotland
Judgment Date
19 March 1999
Procedural Posture
Civil (reparation/delict) / Procedure Roll Debate on Pleas in Law (jurisdiction and Relevancy)
Outcome
Defender's first and second pleas-in-law repelled; pursuers' fifth plea-in-law repelled; proof allowed.
Legal Topics
Jurisdiction, Prorogation Clause, Fraudulent Misappropriation, Compromise Agreement, Reparation
Civil Procedure Private International Law Delict (tort) Jurisdiction Prorogation Clause Fraudulent Misappropriation Compromise Agreement Reparation

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Parties

Belgian International Insurance Group S.A.

Pursuer

Euan McNicoll

Defender

Procedural Posture

Civil (reparation/delict) / Procedure Roll Debate on Pleas in Law (jurisdiction and Relevancy)

Legal Issues

  1. 1 Whether the Scottish court has jurisdiction in light of a prorogation clause in a compromise agreement
  2. 2 Whether the pursuers' action is based on delict or contract
  3. 3 Whether the sum sued for is properly specified and relevant

Ratio Decidendi

The pursuers' action is based on delict for fraudulent misappropriation, not on the compromise agreement. The prorogation clause in the agreement does not apply. The Scottish court has jurisdiction under Article 2 of the Brussels Convention. The sum sued for is properly specified and relevant as it is based on the admitted misappropriation.

Court Disposition

Defender's first and second pleas-in-law repelled; pursuers' fifth plea-in-law repelled; proof allowed.

Orders

  • Repel defender's first plea-in-law (jurisdiction)
  • Repel defender's second plea-in-law (relevancy)