Bioconstruct GMBH v Winspear Ltd & Anor [2020] EWHC 2390 (QB) (11 September 2020)

Bioconstruct GMBH v Winspear Ltd & Anor [2020] EWHC 2390 (QB) (11 September 2020)

The application to amend the Particulars of Claim to plead deceit after trial and judgment was refused. The court held that the application was made too late, the proposed amendment did not have a real prospect of success, and the balance of prejudice and the overriding objective weighed heavily against granting permission. The need for finality in litigation, the lack of clarity and strength in the proposed deceit claim, and the prejudice to the defendant and other court users were determinative. The claimant could pursue any new claim in separate proceedings.

Citation
[2020] EWHC 2390
Parties
Claimant: Bioconstruct GmbH; First Defendant: Steven Winspear; Second Defendant: Stevenson Renewables Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2020
Procedural Posture
Civil (queen's Bench Division) / Post Trial Application to Amend Pleadings After Judgment, Costs Determination
Outcome
Application to amend refused; claim against SRL dismissed; costs reserved for further determination.
Legal Topics
Amendment of Pleadings, Deceit (fraudulent Misrepresentation), Finality of Litigation, Costs Orders, Civil Procedure Rules (cpr), Abuse of Process
Civil Procedure Contract Law Fraud Amendment of Pleadings Deceit (fraudulent Misrepresentation) Finality of Litigation Costs Orders Civil Procedure Rules (cpr) +1 more

Case Brief

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Parties

Bioconstruct GmbH

Claimant

Steven Winspear

First Defendant

Stevenson Renewables Limited

Second Defendant

Procedural Posture

Civil (queen's Bench Division) / Post Trial Application to Amend Pleadings After Judgment, Costs Determination

Legal Issues

  1. 1 Whether to permit the claimant to amend its Particulars of Claim after trial and judgment to plead a new cause of action in deceit against the first defendant
  2. 2 Whether the application to amend was made too late and/or would cause prejudice
  3. 3 Whether the proposed amended claim in deceit had a real prospect of success

Ratio Decidendi

The application to amend the Particulars of Claim to plead deceit after trial and judgment was refused. The court held that the application was made too late, the proposed amendment did not have a real prospect of success, and the balance of prejudice and the overriding objective weighed heavily against granting permission. The need for finality in litigation, the lack of clarity and strength in the proposed deceit claim, and the prejudice to the defendant and other court users were determinative. The claimant could pursue any new claim in separate proceedings.

Court Disposition

Application to amend refused; claim against SRL dismissed; costs reserved for further determination.

Orders

  • Bioconstruct's application to amend Particulars of Claim against Steven Winspear refused.
  • Claim against Stevenson Renewables Limited dismissed.