Bilta (UK) Ltd v Royal Bank Of Scotland Plc & Anor [2018] EWHC 1429 (Ch) (08 May 2018)

Bilta (UK) Ltd v Royal Bank Of Scotland Plc & Anor [2018] EWHC 1429 (Ch) (08 May 2018)

Late substantive amendments introducing new patterns of trading or unclear allegations will not be permitted where they cause prejudice to the other party that cannot be compensated in costs, especially close to trial. Amendments elucidating already pleaded matters may be allowed if knowledge is properly pleaded and no prejudice arises. Allegations based on anti-money-laundering policies and unparticularised general conclusions are refused for lack of clarity and particularity.

Citation
[2018] EWHC 1429 (Ch)
Parties
Claimant: Bilta (UK) Limited (in liquidation) and others; First Defendant: Royal Bank of Scotland plc; Second Defendant: Mercuria Energy Europe Trading Limited
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Civil / Application for Permission to Amend Pleadings Before Trial
Outcome
Application granted in part and refused in part.
Legal Topics
Amendment of Pleadings, Dishonest Assistance, VAT Fraud, Anti Money Laundering Compliance
Civil Procedure Insolvency Fraud Amendment of Pleadings Dishonest Assistance VAT Fraud Anti Money Laundering Compliance

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Parties

Bilta (UK) Limited (in liquidation) and others

Claimant

Royal Bank of Scotland plc

First Defendant

Mercuria Energy Europe Trading Limited

Second Defendant

Procedural Posture

Civil / Application for Permission to Amend Pleadings Before Trial

Legal Issues

  1. 1 Whether to permit late amendments to particulars of claim involving new patterns of trading, elucidation of existing patterns, anti-money-laundering policy allegations, and general conclusions about carousel fraud.

Ratio Decidendi

Late substantive amendments introducing new patterns of trading or unclear allegations will not be permitted where they cause prejudice to the other party that cannot be compensated in costs, especially close to trial. Amendments elucidating already pleaded matters may be allowed if knowledge is properly pleaded and no prejudice arises. Allegations based on anti-money-laundering policies and unparticularised general conclusions are refused for lack of clarity and particularity.

Court Disposition

Application granted in part and refused in part.

Orders

  • Permission granted to amend pleadings to elucidate already pleaded patterns of trading, subject to proper pleading of knowledge.
  • Permission refused for amendments introducing new patterns of trading, anti-money-laundering policy allegations, and unparticularised general conclusions.