Fay of London Ltd v Axis Speciality Europe [2025] EWHC 1334 (Ch) (30 May 2025)

Fay of London Ltd v Axis Speciality Europe [2025] EWHC 1334 (Ch) (30 May 2025)

Permission to amend to plead the fraudulent breach of trust claim is granted as the claim is properly pleaded and has a real prospect of success, but the defendant has a reasonably arguable limitation defence; permission to amend to plead the other proposed claims (breach of trust, negligence, breach of contract, breach of fiduciary duty, deceit) is refused as they do not arise out of the same or substantially the same facts as the original claim and the defendant has a reasonably arguable limitation defence.

Citation
[2025] EWHC 1334 (Ch)
Parties
Claimant: Fay of London Limited; First Defendant: Axis Speciality Europe SE; Second Defendant: Jirehouse (Unlimited Body Corporate); Third Defendant: Jirehouse Partners LLP; Fourth Defendant: Stephen David Jones
Jurisdiction
England and Wales
Judgment Date
30 May 2025
Procedural Posture
Application to Amend Particulars of Claim in Civil Proceedings (business and Property Courts, Chancery Division) / Interlocutory Application for Permission to Amend Pleadings
Outcome
Permission to amend granted in part; permission to plead fraudulent breach of trust claim allowed, permission to plead other proposed claims refused.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Fraudulent Breach of Trust, Constructive Trusts, Professional Indemnity Insurance, Deceit, Breach of Fiduciary Duty, Negligence, Breach of Contract
Civil Procedure Trusts Law Insurance Law Professional Negligence Amendment of Pleadings Limitation of Actions Fraudulent Breach of Trust Constructive Trusts +5 more

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Parties

Fay of London Limited

Claimant

Axis Speciality Europe SE

First Defendant

Jirehouse (Unlimited Body Corporate)

Second Defendant

Jirehouse Partners LLP

Third Defendant

Stephen David Jones

Fourth Defendant

Procedural Posture

Application to Amend Particulars of Claim in Civil Proceedings (business and Property Courts, Chancery Division) / Interlocutory Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim to introduce a claim for fraudulent breach of trust and other claims (breach of trust, negligence, breach of contract, breach of fiduciary duty, deceit)
  2. 2 Whether the proposed amendments are statute-barred under the Limitation Act 1980
  3. 3 Whether the fraudulent breach of trust claim is subject to any limitation period under s.21(1)(a) of the Limitation Act 1980

Ratio Decidendi

Permission to amend to plead the fraudulent breach of trust claim is granted as the claim is properly pleaded and has a real prospect of success, but the defendant has a reasonably arguable limitation defence; permission to amend to plead the other proposed claims (breach of trust, negligence, breach of contract, breach of fiduciary duty, deceit) is refused as they do not arise out of the same or substantially the same facts as the original claim and the defendant has a reasonably arguable limitation defence.

Court Disposition

Permission to amend granted in part; permission to plead fraudulent breach of trust claim allowed, permission to plead other proposed claims refused.

Orders

  • Permission granted to amend Particulars of Claim to include the fraudulent breach of trust claim.
  • Permission refused to amend to include other proposed claims (breach of trust, negligence, breach of contract, breach of fiduciary duty, deceit).