Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Claimant amendment application) (Rev 1)

Berkeley Square Holdings Ltd & Ors v Lancer Property Assets Management Ltd & Ors (Claimant amendment application) (Rev 1)

The amendments to require proof of authenticity of the Becker authority and 2012 approval are refused due to lateness, significant prejudice to defendants, disruption to trial preparations, and insufficient basis to doubt authenticity, especially for the 2012 approval where previous admission was made.

Parties
Claimant/applicant: Berkeley Square Holdings Limited & Others; Defendant/respondent: Lancer Property Assets Management Limited; Defendant/respondent: John Townley Kevill; Defendant/respondent: Duncan Robert Ferguson; Defendant/respondent: Andrew John Windle Lax; Defendant/respondent: Byron Howard Pull; Defendant/respondent: Lancer Property Holdings Limited
Jurisdiction
England and Wales
Judgment Date
24 March 2021
Procedural Posture
Civil / Application to Amend Pleadings Prior to Trial
Outcome
Application to amend pleadings refused.
Legal Topics
Amendment of Pleadings, Withdrawal of Admissions, Authenticity of Documents
Civil Procedure Amendment of Pleadings Withdrawal of Admissions Authenticity of Documents

Case Brief

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Parties

Berkeley Square Holdings Limited & Others

Claimant/applicant

Lancer Property Assets Management Limited

Defendant/respondent

John Townley Kevill

Defendant/respondent

Duncan Robert Ferguson

Defendant/respondent

Andrew John Windle Lax

Defendant/respondent

Byron Howard Pull

Defendant/respondent

Lancer Property Holdings Limited

Defendant/respondent

Procedural Posture

Civil / Application to Amend Pleadings Prior to Trial

Legal Issues

  1. 1 Whether claimants should be permitted to amend pleadings to require defendants to prove authenticity of two documents
  2. 2 Whether claimants should be allowed to withdraw previous admission of authenticity of the 2012 approval

Ratio Decidendi

The amendments to require proof of authenticity of the Becker authority and 2012 approval are refused due to lateness, significant prejudice to defendants, disruption to trial preparations, and insufficient basis to doubt authenticity, especially for the 2012 approval where previous admission was made.

Court Disposition

Application to amend pleadings refused.

Orders

  • Proposed amendments relating to Becker authority and 2012 approval are not allowed.