Sinclair Investment Holdings SA v Cushnie & Ors [2006] EWHC 573 (Ch) (20 March 2006)

Sinclair Investment Holdings SA v Cushnie & Ors [2006] EWHC 573 (Ch) (20 March 2006)

The lateness of the application to amend is a self-induced problem for which the claimant is responsible. Allowing the amendment would require an adjournment, which would be unfair to the defendants given prior delays and warnings. The application to amend is refused.

Citation
[2006] EWHC 573 (Ch)
Parties
Claimant: Sinclair Investment Holdings SA; First Defendant: Carlton Ellington Cushnie; Third Defendant: Guillaume Leong-Son; Fifth Defendant: Assets International Management Limited; Sixth Defendant: Asset Nominees Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2006
Procedural Posture
Civil / Interlocutory Application During Trial
Outcome
Application to amend particulars of claim refused
Legal Topics
Amendment of Pleadings, Adjournment, Constructive Trust, Dishonest Assistance, Knowing Receipt, Conspiracy
Civil Procedure Equity and Trusts Amendment of Pleadings Adjournment Constructive Trust Dishonest Assistance Knowing Receipt Conspiracy

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Parties

Sinclair Investment Holdings SA

Claimant

Carlton Ellington Cushnie

First Defendant

Guillaume Leong-Son

Third Defendant

Assets International Management Limited

Fifth Defendant

Asset Nominees Limited

Sixth Defendant

Procedural Posture

Civil / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether to permit late amendments to particulars of claim introducing new causes of action for dishonest assistance and conspiracy against certain defendants
  2. 2 Whether an adjournment of the trial should be granted to allow defendants time to meet new claims

Ratio Decidendi

The lateness of the application to amend is a self-induced problem for which the claimant is responsible. Allowing the amendment would require an adjournment, which would be unfair to the defendants given prior delays and warnings. The application to amend is refused.

Court Disposition

Application to amend particulars of claim refused

Orders

  • Amendments sought against the Leong-Son defendants are not permitted