CSG COMMERCIAL LTD AGAINST AJ CAPITAL PARTNERS LLC [2022] ScotCS CSOH_60 (30 August 2022)

CSG COMMERCIAL LTD AGAINST AJ CAPITAL PARTNERS LLC [2022] ScotCS CSOH_60 (30 August 2022)

The Court of Session has no jurisdiction to entertain the pursuer's claim insofar as it is founded on recompense, as it does not fall within matters relating to a contract under rule 2(b) of schedule 8 to the Civil Jurisdiction and Judgments (Scotland) Act 1982. The pursuer's pleadings regarding breach of joint venture, delict, and recompense are irrelevant and lacking in specification. Only the contract case based on the introduction agreement may proceed, subject to further specification.

Citation
[2022] ScotCS CSOH_60
Parties
Pursuer: CSG Commercial Limited; Defender: AJ Capital Partners LLC
Jurisdiction
Scotland
Judgment Date
30 August 2022
Procedural Posture
Commercial Action / Debate on Relevancy, Specification, and Jurisdiction
Outcome
Action not dismissed; averments relating to breach of joint venture, delict, and recompense excluded from probation; defender's second plea in law sustained to that extent; further procedure to be regulated by order.
Legal Topics
Introduction Fee Agreements, Joint Venture Agreements, Breach of Contract, Negligent Misrepresentation, Recompense, Jurisdiction Under Civil Jurisdiction and Judgments (scotland) Act 1982
Contract Law Delict Unjust Enrichment Civil Procedure Introduction Fee Agreements Joint Venture Agreements Breach of Contract Negligent Misrepresentation +2 more

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Parties

CSG Commercial Limited

Pursuer

AJ Capital Partners LLC

Defender

Procedural Posture

Commercial Action / Debate on Relevancy, Specification, and Jurisdiction

Legal Issues

  1. 1 Whether the pursuer's claim for recompense falls within matters relating to a contract for jurisdictional purposes
  2. 2 Whether the pursuer's pleadings are relevant and sufficiently specified
  3. 3 Whether the pursuer has a relevant case in contract, delict, or unjust enrichment

Ratio Decidendi

The Court of Session has no jurisdiction to entertain the pursuer's claim insofar as it is founded on recompense, as it does not fall within matters relating to a contract under rule 2(b) of schedule 8 to the Civil Jurisdiction and Judgments (Scotland) Act 1982. The pursuer's pleadings regarding breach of joint venture, delict, and recompense are irrelevant and lacking in specification. Only the contract case based on the introduction agreement may proceed, subject to further specification.

Court Disposition

Action not dismissed; averments relating to breach of joint venture, delict, and recompense excluded from probation; defender's second plea in law sustained to that extent; further procedure to be regulated by order.

Orders

  • Put out by order to discuss precise terms of order and further procedure.