Sofer v Swissindependent Trustees SA [2021] EWHC 2196 (Ch) (03 August 2021)

Sofer v Swissindependent Trustees SA [2021] EWHC 2196 (Ch) (03 August 2021)

The proposed amendment narrows the issues and reduces the scope of the claim, and the real prospect of success test does not apply to what is being abandoned. There is no abuse of process in permitting the amendment, and it is in the interests of justice to allow the claim to proceed only on matters genuinely in dispute.

Citation
[2021] EWHC 2196 (Ch)
Parties
Claimant/applicant: Robert Sofer; Defendant/respondent: Swissindependent Trustees SA
Jurisdiction
England and Wales
Judgment Date
03 August 2021
Procedural Posture
Civil (chancery) / Application for Permission to Re Amend Reply and Defence to Counterclaim at First Case Management Conference
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Breach of Trust, Trustee Removal, Summary Judgment, Abuse of Process
Trusts and Estates Civil Procedure Amendment of Pleadings Breach of Trust Trustee Removal Summary Judgment Abuse of Process

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Parties

Robert Sofer

Claimant/applicant

Swissindependent Trustees SA

Defendant/respondent

Procedural Posture

Civil (chancery) / Application for Permission to Re Amend Reply and Defence to Counterclaim at First Case Management Conference

Legal Issues

  1. 1 Whether the claimant should be granted permission to re-amend his reply and defence to counterclaim
  2. 2 Whether the proposed amendment has a real prospect of success or constitutes an abuse of process

Ratio Decidendi

The proposed amendment narrows the issues and reduces the scope of the claim, and the real prospect of success test does not apply to what is being abandoned. There is no abuse of process in permitting the amendment, and it is in the interests of justice to allow the claim to proceed only on matters genuinely in dispute.

Court Disposition

Application granted

Orders

  • Permission granted to the claimant to make the proposed amendments to paragraph 11(2) of the amended reply.