Musst Holdings v Astra Asset Management UK & Anor [2020] EWHC 22 (Ch) (15 January 2020)

Musst Holdings v Astra Asset Management UK & Anor [2020] EWHC 22 (Ch) (15 January 2020)

The Chander claim is a new claim not arising from same or substantially same facts as pleaded; Astra cannot rely on CPR 17.4(2) or section 32A Limitation Act 1980 to amend after limitation expired. The parties' prior agreement for joint trial is binding for case management purposes; no adequate reason to deviate. Both claims should be tried together without preliminary issues.

Citation
[2020] EWHC 22 (Ch)
Parties
Claimant: Musst Holdings Limited; Defendant (bl 2018 002369), Claimant (bl 2019 001483): Astra Asset Management UK Limited; Defendant (bl 2018 002369): Astra Asset Management LLP; Claimant (bl 2019 001483): Astra Capital International Limited; Defendant (bl 2019 001483): Musst Investments LLP; Defendant (bl 2019 001483): Mr Saleem Anwar Siddiqi
Jurisdiction
England and Wales
Judgment Date
15 January 2020
Procedural Posture
Civil (contract and Defamation) / Interlocutory Judgment on Amendment, Trial Directions, and Case Management
Outcome
Application to amend particulars of claim in Defamation claim dismissed; trial fixture for Contract claim vacated; both claims to be tried together in new window; defence to Defamation claim to be served.
Legal Topics
Amendment of Pleadings, Limitation Period, Case Management, Trial of Preliminary Issues, Counterclaim, Malicious Falsehood, Slander
Contract Defamation Civil Procedure Amendment of Pleadings Limitation Period Case Management Trial of Preliminary Issues Counterclaim +2 more

Case Brief

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Parties

Musst Holdings Limited

Claimant

Astra Asset Management UK Limited

Defendant (bl 2018 002369), Claimant (bl 2019 001483)

Astra Asset Management LLP

Defendant (bl 2018 002369)

Astra Capital International Limited

Claimant (bl 2019 001483)

Musst Investments LLP

Defendant (bl 2019 001483)

Mr Saleem Anwar Siddiqi

Defendant (bl 2019 001483)

Procedural Posture

Civil (contract and Defamation) / Interlocutory Judgment on Amendment, Trial Directions, and Case Management

Legal Issues

  1. 1 Whether Astra may amend particulars of claim to add the 'Chander claim' after expiry of limitation
  2. 2 Whether the Contract and Defamation claims should be tried together or with preliminary issues
  3. 3 Whether the Chander claim arises out of same or substantially same facts as original claim

Ratio Decidendi

The Chander claim is a new claim not arising from same or substantially same facts as pleaded; Astra cannot rely on CPR 17.4(2) or section 32A Limitation Act 1980 to amend after limitation expired. The parties' prior agreement for joint trial is binding for case management purposes; no adequate reason to deviate. Both claims should be tried together without preliminary issues.

Court Disposition

Application to amend particulars of claim in Defamation claim dismissed; trial fixture for Contract claim vacated; both claims to be tried together in new window; defence to Defamation claim to be served.

Orders

  • Application to amend particulars of claim in BL-2019-001483 dismissed.
  • Trial fixture for BL-2018-002369 vacated.