Signia Wealth Ltd v Marlborough Trust Company Ltd & Ors [2017] EWHC 363 (Ch) (06 February 2017)

Signia Wealth Ltd v Marlborough Trust Company Ltd & Ors [2017] EWHC 363 (Ch) (06 February 2017)

The proposed amendment passes the evidential threshold for relevance and is potentially probative of the claimant's motive in the conspiracy to injure claim. The case management concerns raised by the respondents are exaggerated and do not outweigh the probative value of the evidence. There is no significant risk to the trial date, and the overlap with Polish proceedings is limited. Permission to amend is granted. Costs of the application are awarded to the applicant on the standard basis.

Citation
[2017] EWHC 363 (Ch)
Parties
Claimant: Signia Wealth Limited; First Defendant: Marlborough Trust Company Limited (As Trustee of the Cap Ferret Trust); Second Defendant / Third Party: Nathalie Dauriac-Stoebe; Third Party: Nathalie Dauriac-Stoebe (acting on behalf of Marlborough Trust Company Limited as trustee of the Cap Ferret Trust and for the benefit of the beneficiaries of the Cap Ferret Trust); Fourth Party: Grecco Limited; Fifth Party: John Caudwell
Jurisdiction
England and Wales
Judgment Date
06 February 2017
Procedural Posture
Chancery Division Civil Claim / Application for Permission to Amend Particulars of Additional Claim and Consequential Directions
Outcome
Permission to amend granted; costs of the application awarded to the applicant on the standard basis; permission to appeal refused.
Legal Topics
Amendment of Pleadings, Conspiracy to Injure, Unlawful Means Conspiracy, Shareholder Disputes, Employment Termination, Similar Fact Evidence, Case Management, Costs Orders
Civil Procedure Company Law Employment Law Amendment of Pleadings Conspiracy to Injure Unlawful Means Conspiracy Shareholder Disputes Employment Termination +3 more

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Parties

Signia Wealth Limited

Claimant

Marlborough Trust Company Limited (As Trustee of the Cap Ferret Trust)

First Defendant

Nathalie Dauriac-Stoebe

Second Defendant / Third Party

Nathalie Dauriac-Stoebe (acting on behalf of Marlborough Trust Company Limited as trustee of the Cap Ferret Trust and for the benefit of the beneficiaries of the Cap Ferret Trust)

Third Party

Grecco Limited

Fourth Party

John Caudwell

Fifth Party

Procedural Posture

Chancery Division Civil Claim / Application for Permission to Amend Particulars of Additional Claim and Consequential Directions

Legal Issues

  1. 1 Whether permission should be granted to amend particulars of additional claim to include similar fact evidence and new allegations of conspiracy to injure and unlawful means conspiracy
  2. 2 Whether the amendment is very late and risks the trial date
  3. 3 Whether the English court should admit evidence overlapping with issues before a Polish court

Ratio Decidendi

The proposed amendment passes the evidential threshold for relevance and is potentially probative of the claimant's motive in the conspiracy to injure claim. The case management concerns raised by the respondents are exaggerated and do not outweigh the probative value of the evidence. There is no significant risk to the trial date, and the overlap with Polish proceedings is limited. Permission to amend is granted. Costs of the application are awarded to the applicant on the standard basis.

Court Disposition

Permission to amend granted; costs of the application awarded to the applicant on the standard basis; permission to appeal refused.

Orders

  • Permission granted to NDS to amend particulars of additional claim as proposed.
  • Signia and Mr. Caudwell to pay the costs of the application on the standard basis, assessed at £30,500 plus VAT.