Politakis v Spencely

Civil procedure – Assignation – Purported assignation of damages claim. Sheriff Court: In an action in which the pursuer claimed to be the assignee of a company's claim for damages against the defender, who was the arbiter in arbitration proceedings involving the company and another company, the party minuter, the court held that the pursuer had no title to pursue the company's rights and, accordingly, he had no title to sue in the proceedings, the action was incompetent, any right of action which the pursuer might have had to claim damages had now been extinguished by prescription, and the action as a whole was irrelevant.

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