Advinia Care Homes Ltd v BUPA Care Homes Investments (Holdings) Ltd & Ors

Advinia Care Homes Ltd v BUPA Care Homes Investments (Holdings) Ltd & Ors

Permission to withdraw the admission regarding novation is refused due to lateness, absence of new evidence, and lack of substantial prejudice to applicant; amendments relating to negligent misstatement and unjust enrichment are allowed as they do not materially prejudice Defendants or imperil the trial date; trial adjournment is not necessary.

Parties
Claimant: Advinia Care Homes Limited; First Defendant: Bupa Care Homes Investments (Holdings) Limited; Second Defendant: Bupa Care Homes (CFHCARE) Limited; Third Defendant: Bupa Care Homes (ANS) Limited; Fourth Defendant: Bupa Care Homes (CARRICK) Limited; Fifth Defendant: Bupa Finance PLC; Third Party: Advinia Health Care Limited
Jurisdiction
England and Wales
Judgment Date
22 December 2020
Procedural Posture
Civil / Application for Permission to Amend Pleadings, Withdraw Admission, and Adjourn Trial
Outcome
Application to withdraw admission and amend pleadings regarding succession issue dismissed; permission granted for amendments relating to negligent misstatement, unjust enrichment, and certain factual clarifications; trial adjournment not granted.
Legal Topics
Amendment of Pleadings, Withdrawal of Admission, Negligent Misstatement, Unjust Enrichment, Trust Money, Breach of Warranty, Misrepresentation
Contract Trusts Tort Amendment of Pleadings Withdrawal of Admission Negligent Misstatement Unjust Enrichment Trust Money +2 more

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Parties

Advinia Care Homes Limited

Claimant

Bupa Care Homes Investments (Holdings) Limited

First Defendant

Bupa Care Homes (CFHCARE) Limited

Second Defendant

Bupa Care Homes (ANS) Limited

Third Defendant

Bupa Care Homes (CARRICK) Limited

Fourth Defendant

Bupa Finance PLC

Fifth Defendant

Advinia Health Care Limited

Third Party

Procedural Posture

Civil / Application for Permission to Amend Pleadings, Withdraw Admission, and Adjourn Trial

Legal Issues

  1. 1 Whether permission should be granted to amend pleadings
  2. 2 Whether permission should be granted to withdraw an admission regarding novation
  3. 3 Whether amendments relating to negligent misstatement and unjust enrichment should be allowed

Ratio Decidendi

Permission to withdraw the admission regarding novation is refused due to lateness, absence of new evidence, and lack of substantial prejudice to applicant; amendments relating to negligent misstatement and unjust enrichment are allowed as they do not materially prejudice Defendants or imperil the trial date; trial adjournment is not necessary.

Court Disposition

Application to withdraw admission and amend pleadings regarding succession issue dismissed; permission granted for amendments relating to negligent misstatement, unjust enrichment, and certain factual clarifications; trial adjournment not granted.

Orders

  • Permission to amend Particulars of Claim and Amended Defence and Counterclaim granted in respect of negligent misstatement, unjust enrichment, and factual clarifications.
  • Permission to withdraw admission regarding novation refused.