Bing Holdings Inc & Anor v Hue-Williams [2017] EWHC 3149 (QB) (05 December 2017)

Bing Holdings Inc & Anor v Hue-Williams [2017] EWHC 3149 (QB) (05 December 2017)

The proposed amendment introduces a new cause of action in unjust enrichment, requiring assessment of the value of benefit conferred, for which there is insufficient time to prepare before trial. Allowing the amendment would require adjournment, which is not justified given the lateness, lack of good reason for delay, and the parties' agreement on a contractual relationship. Permission to amend is refused.

Citation
[2017] EWHC 3149
Parties
Claimant: Bing Holdings Inc; Claimant/third Party: John Chandris; Defendant/part 20 Claimant: Michael Hue-Williams; Fourth Party: Christina Chandris
Jurisdiction
England and Wales
Judgment Date
05 December 2017
Procedural Posture
Application to Amend Pleadings in Ongoing Civil Litigation / Pre Trial Review, Application to Amend Pleadings
Outcome
Application to amend pleadings refused
Legal Topics
Amendment of Pleadings, Quantum Meruit, Unjust Enrichment, Pre Trial Procedure
Civil Procedure Contract Law Restitution Amendment of Pleadings Quantum Meruit Unjust Enrichment Pre Trial Procedure

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Parties

Bing Holdings Inc

Claimant

John Chandris

Claimant/third Party

Michael Hue-Williams

Defendant/part 20 Claimant

Christina Chandris

Fourth Party

Procedural Posture

Application to Amend Pleadings in Ongoing Civil Litigation / Pre Trial Review, Application to Amend Pleadings

Legal Issues

  1. 1 Whether to permit a very late amendment to pleadings introducing a new claim in unjust enrichment/quantum meruit based on value of benefit conferred
  2. 2 Whether the amendment would cause prejudice or require adjournment of the trial

Ratio Decidendi

The proposed amendment introduces a new cause of action in unjust enrichment, requiring assessment of the value of benefit conferred, for which there is insufficient time to prepare before trial. Allowing the amendment would require adjournment, which is not justified given the lateness, lack of good reason for delay, and the parties' agreement on a contractual relationship. Permission to amend is refused.

Court Disposition

Application to amend pleadings refused

Orders

  • Permission to amend pleadings to introduce new unjust enrichment claim is refused
  • Trial to proceed as scheduled on 11 December 2017