DNO Oman Ltd v Clouston

Tort – Liability in foreign law – Expert evidence on foreign law. Court of Session: In an action in which the pursuer sought to recover loss and damage from the defender, a former employee of associated companies of the pursuer, which it alleged resulted from breach of obligations he owed to it, in which a dispute as to whether the pursuer's case sounded in United Arab Emirates ('UAE') law in terms of the law of tort turned largely on the relevance of the defender's contract of employment in respect to alleged breaches of Articles 282 and 285 of the UAE Civil Code, having heard the evidence of two experts in UAE law the court concluded that the pursuer was seeking to rely on a contractual duty the defender owed to his employer but not to it as a third party in order to found its case in tort; that it was left with no basis to make the necessary findings in fact that the defender's alleged conduct constituted a tort under Article 282 or deception under Article 285 of the Code; and that if the case as averred were proved it would not amount to a breach of either article.

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