Hague Plant Ltd v Hague & Ors [2017] EWHC 2021 (Ch) (02 August 2017)
Permission to amend is refused for all contested amendments due to duplication with parallel proceedings, disruption to case management, lateness, unjustified grounds, and unresolved limitation issues; only minor, consented amendments are permitted.
- Citation
- [2017] EWHC 2021 (Ch)
- Parties
- Claimant: Hague Plant Limited; First Defendant: Martin Hartley Hague; Second Defendant: Jean Angela Hague; Third Defendant: MHH Contracting Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 02 August 2017
- Procedural Posture
- Chancery Division Civil Claim / Application to Amend Pleadings Before Trial
- Outcome
- Application to amend dismissed except for consented amendments.
- Legal Topics
- Amendment of Pleadings, Fiduciary Duty, Limitation, Corporate Opportunity, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Hague Plant Limited
Claimant
Martin Hartley Hague
First Defendant
Jean Angela Hague
Second Defendant
MHH Contracting Limited
Third Defendant
Procedural Posture
Chancery Division Civil Claim / Application to Amend Pleadings Before Trial
Legal Issues
- 1 Whether permission should be granted to amend the Particulars of Claim
- 2 Whether the amendments surmount limitation hurdles
- 3 Whether the amendments duplicate issues in parallel proceedings
Ratio Decidendi
Permission to amend is refused for all contested amendments due to duplication with parallel proceedings, disruption to case management, lateness, unjustified grounds, and unresolved limitation issues; only minor, consented amendments are permitted.
Court Disposition
Application to amend dismissed except for consented amendments.
Orders
- Claimant must serve amended pleading by 4.00pm 1 September 2017.
- Part 18 Request must be answered by 4.00pm 1 September 2017 or claim will be struck out and Defendants entitled to costs.
Full Case Text
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