MBI International & Partners Inc, Re

MBI International & Partners Inc, Re

The application to amend is not truly late given the circumstances; the Liquidators could not have made the amendment earlier due to reliance on the Sheikh's prior sworn evidence. The balancing exercise under the overriding objective favours permitting the amendment, provided defects in particularity and clarity are cured. The prejudice to the Liquidators if refused outweighs any prejudice to the Respondents, who are responsible for the late change in evidence. The amendments have a real prospect of success if properly pleaded.

Parties
Applicant (joint Liquidator): Greig William Alexander Mitchell; Applicant (joint Liquidator): Kenneth Melvin Krys; First Respondent: Sheikh Mohamed Bin Issa Al Jaber; Second Respondent: Mashael Mohamed Al Jaber; Third Respondent: Amjad Salfiti; Fourth Respondent: JJW Hotels & Resorts UK Holdings Limited; Fifth Respondent: JJW Limited (Registered in Guernsey) (In Liquidation)
Jurisdiction
England and Wales
Judgment Date
12 February 2021
Procedural Posture
Insolvency/company Law Application / Interlocutory Application to Amend Pleadings During Trial
Outcome
Conditional permission to amend granted
Legal Topics
Amendment of Pleadings, Breach of Fiduciary Duty, Breach of Trust, Negligence, Unlawful Means Conspiracy, Knowing Receipt, Reflective Loss, Late Amendments, Disclosure Obligations
Insolvency Company Law Civil Procedure Amendment of Pleadings Breach of Fiduciary Duty Breach of Trust Negligence Unlawful Means Conspiracy +4 more

Case Brief

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Parties

Greig William Alexander Mitchell

Applicant (joint Liquidator)

Kenneth Melvin Krys

Applicant (joint Liquidator)

Sheikh Mohamed Bin Issa Al Jaber

First Respondent

Mashael Mohamed Al Jaber

Second Respondent

Amjad Salfiti

Third Respondent

JJW Hotels & Resorts UK Holdings Limited

Fourth Respondent

JJW Limited (Registered in Guernsey) (In Liquidation)

Fifth Respondent

Procedural Posture

Insolvency/company Law Application / Interlocutory Application to Amend Pleadings During Trial

Legal Issues

  1. 1 Whether to permit the Liquidators to amend their Points of Claim mid-trial to reflect new evidence and corrections by the First Respondent
  2. 2 Whether the proposed amendments have a real prospect of success and are sufficiently particularised
  3. 3 Whether the timing and circumstances of the amendment justify its allowance under the overriding objective and relevant procedural principles

Ratio Decidendi

The application to amend is not truly late given the circumstances; the Liquidators could not have made the amendment earlier due to reliance on the Sheikh's prior sworn evidence. The balancing exercise under the overriding objective favours permitting the amendment, provided defects in particularity and clarity are cured. The prejudice to the Liquidators if refused outweighs any prejudice to the Respondents, who are responsible for the late change in evidence. The amendments have a real prospect of success if properly pleaded.

Court Disposition

Conditional permission to amend granted

Orders

  • Liquidators granted until 1 pm on the following Monday to submit a revised, properly particularised draft of the amendments.
  • If defects are not cured, amendments will be refused and trial will proceed on the existing case.