Collier v Kramer [2004] EWCA Civ 467 (01 April 2004)

Collier v Kramer [2004] EWCA Civ 467 (01 April 2004)

The proposed amendment to plead conspiracy was refused because the revised claim was unparticularised, lacked intrinsic merit, was factually improbable, and raised limitation issues. The court found no real prospect of success for the conspiracy claim, and allowing the amendment at this late stage would be inappropriate. The appeal was dismissed.

Citation
[2004] EWCA Civ 467
Parties
Claimant/appellant: Michael Clayton Collier; Defendant/respondent: Blount Petre Kramer
Jurisdiction
England and Wales
Judgment Date
01 April 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Conspiracy, Limitation of Actions, Breach of Fiduciary Duty, Public Policy, Trusts
Civil Procedure Tort Trusts and Equity Amendment of Pleadings Conspiracy Limitation of Actions Breach of Fiduciary Duty Public Policy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Michael Clayton Collier

Claimant/appellant

Blount Petre Kramer

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether permission should be granted to amend the claim to join further parties and plead conspiracy
  2. 2 Whether the proposed conspiracy claim has a real prospect of success
  3. 3 Whether the claim is time-barred under limitation rules

Ratio Decidendi

The proposed amendment to plead conspiracy was refused because the revised claim was unparticularised, lacked intrinsic merit, was factually improbable, and raised limitation issues. The court found no real prospect of success for the conspiracy claim, and allowing the amendment at this late stage would be inappropriate. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Application to amend Particulars of Claim refused
  • Appellant to pay respondent's costs summarily assessed at £20,000 inc VAT