Hague Plant Ltd v Hague & Ors [2017] EWHC 2021 (Ch) (02 August 2017)

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

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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

  1. 1 Whether permission should be granted to amend the Particulars of Claim
  2. 2 Whether the amendments surmount limitation hurdles
  3. 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.