Patel v Minerva Services Delaware, Inc. & Ors [2024] EWHC 172 (Ch) (05 February 2024)

Patel v Minerva Services Delaware, Inc. & Ors [2024] EWHC 172 (Ch) (05 February 2024)

Permission to amend is granted in substantial part because the proposed amendments raise triable issues in an area of developing law, particularly as to whether the torts of malicious prosecution and abuse of process can apply to foreign proceedings and arbitrations. The claimant's pleadings are sufficiently particularised for the purposes of amendment, and the objections raised by the defendants are matters for trial, not for summary determination at the amendment stage. The court will not strike out claims in areas where the law is unsettled, provided the claim is not fanciful and is properly pleaded.

Citation
[2024] EWHC 172 (Ch)
Parties
Claimant: Pankim Kumar Patel; First Defendant: Minerva Services Delaware, Inc.; Second Defendant: Paul Baxendale-Walker; Third Defendant: Mark Barry Slater
Jurisdiction
England and Wales
Judgment Date
05 February 2024
Procedural Posture
Application to Amend Claim / Judgment on Application for Permission to Amend Claim Form and Points of Claim
Outcome
Application to amend granted in substantial part
Legal Topics
Amendment of Pleadings, Unlawful Means Conspiracy, Malicious Prosecution, Abuse of Process, Jurisdiction Over Foreign Proceedings, Attribution of Knowledge to Companies, Forgery Allegations
Civil Procedure Tort Law Private International Law Amendment of Pleadings Unlawful Means Conspiracy Malicious Prosecution Abuse of Process Jurisdiction Over Foreign Proceedings +2 more

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Parties

Pankim Kumar Patel

Claimant

Minerva Services Delaware, Inc.

First Defendant

Paul Baxendale-Walker

Second Defendant

Mark Barry Slater

Third Defendant

Procedural Posture

Application to Amend Claim / Judgment on Application for Permission to Amend Claim Form and Points of Claim

Legal Issues

  1. 1 Whether the claimant should be granted permission to amend the Claim Form and Points of Claim to plead torts of malicious prosecution and abuse of process in relation to foreign proceedings and arbitrations; whether such torts are actionable in respect of foreign court proceedings and arbitrations; sufficiency of particulars in the amended pleading; attribution of malice and knowledge to corporate defendants; necessity to plead and prove foreign law at this stage.

Ratio Decidendi

Permission to amend is granted in substantial part because the proposed amendments raise triable issues in an area of developing law, particularly as to whether the torts of malicious prosecution and abuse of process can apply to foreign proceedings and arbitrations. The claimant's pleadings are sufficiently particularised for the purposes of amendment, and the objections raised by the defendants are matters for trial, not for summary determination at the amendment stage. The court will not strike out claims in areas where the law is unsettled, provided the claim is not fanciful and is properly pleaded.

Court Disposition

Application to amend granted in substantial part

Orders

  • Permission granted to amend the Claim Form and Points of Claim, subject to minor modifications (e.g., removal of 'among other things' in particulars, cross-referencing paragraphs for clarity).
  • Claimant to serve amended Points of Claim as directed.