Barrowfen Properties Ltd v Patel & Ors (Judgment 4) [2021] EWHC 690 (Ch) (15 March 2021)

Barrowfen Properties Ltd v Patel & Ors (Judgment 4) [2021] EWHC 690 (Ch) (15 March 2021)

Permission to amend is granted because the delay is not substantial or prejudicial, the amendment is properly arguable and has real prospect of success, and any prejudice can be compensated by costs or managed procedurally. The amendment raises a causation issue regarding whether the increased value is attributable to the alleged breach and forms part of a continuous transaction.

Citation
[2021] EWHC 690 (Ch)
Parties
Claimant: Barrowfen Properties Limited; First Defendant: Girish Patel; Second Defendant: Stevens & Bolton LLP; Third Defendant: Barrowfen Properties II Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2021
Procedural Posture
Commercial Chancery / Application for Permission to Re Amend Defence During Trial
Outcome
Permission to re-amend Defence granted
Legal Topics
Amendment of Pleadings, Breach of Fiduciary Duty, Dishonest Assistance, Deceit, Damages Assessment, Loss of a Chance, Collateral Benefits, Quantum of Damages
Commercial Law Company Law Professional Negligence Amendment of Pleadings Breach of Fiduciary Duty Dishonest Assistance Deceit Damages Assessment +3 more

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Parties

Barrowfen Properties Limited

Claimant

Girish Patel

First Defendant

Stevens & Bolton LLP

Second Defendant

Barrowfen Properties II Limited

Third Defendant

Procedural Posture

Commercial Chancery / Application for Permission to Re Amend Defence During Trial

Legal Issues

  1. 1 Whether permission should be granted for the Second Defendant to re-amend its Defence to plead that the Claimant must give credit for increased value of the Revised Development Scheme
  2. 2 Whether the amendment is unduly late and causes prejudice
  3. 3 Whether the amendment has real prospect of success under principles of causation and collateral benefits

Ratio Decidendi

Permission to amend is granted because the delay is not substantial or prejudicial, the amendment is properly arguable and has real prospect of success, and any prejudice can be compensated by costs or managed procedurally. The amendment raises a causation issue regarding whether the increased value is attributable to the alleged breach and forms part of a continuous transaction.

Court Disposition

Permission to re-amend Defence granted

Orders

  • Permission granted to Second Defendant to re-amend Defence as proposed
  • Permission granted to Claimant to produce supplementary expert report