Barrowfen Properties Ltd v Patel & Ors (Judgment 4)

Barrowfen Properties Ltd v Patel & Ors (Judgment 4)

Permission to amend is granted because the delay was not significant or prejudicial, the amendment is properly arguable in law and fact, and any prejudice to the Claimant can be addressed by costs or procedural directions. The amendment raises a real issue as to whether the Claimant must give credit for increased value resulting from the alleged breaches, which should be determined at trial.

Parties
Claimant: Barrowfen Properties Limited; First Defendant: Girish Patel; Second Defendant: Stevens & Bolton LLP; Third Defendant: Barrowfen Properties II Limited
Jurisdiction
England and Wales
Judgment Date
15 March 2021
Procedural Posture
Civil (commercial/chancery) / Interlocutory Application for Permission to Re Amend Defence During Trial
Outcome
Permission to amend Defence granted
Legal Topics
Amendment of Pleadings, Breach of Fiduciary Duty, Dishonest Assistance, Deceit, Damages Assessment, Loss of a Chance, Mitigation of Loss
Civil Procedure Company Law Professional Negligence Amendment of Pleadings Breach of Fiduciary Duty Dishonest Assistance Deceit Damages Assessment +2 more

Case Brief

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Parties

Barrowfen Properties Limited

Claimant

Girish Patel

First Defendant

Stevens & Bolton LLP

Second Defendant

Barrowfen Properties II Limited

Third Defendant

Procedural Posture

Civil (commercial/chancery) / Interlocutory Application for Permission to Re Amend Defence During Trial

Legal Issues

  1. 1 Whether the Second Defendant should be granted permission to re-amend its Defence to plead that the Claimant must give credit for increased value of the property development scheme.
  2. 2 Whether the amendment is unduly late and causes prejudice to the Claimant.
  3. 3 Whether the amendment has a real prospect of success in law.

Ratio Decidendi

Permission to amend is granted because the delay was not significant or prejudicial, the amendment is properly arguable in law and fact, and any prejudice to the Claimant can be addressed by costs or procedural directions. The amendment raises a real issue as to whether the Claimant must give credit for increased value resulting from the alleged breaches, which should be determined at trial.

Court Disposition

Permission to amend Defence granted

Orders

  • Second Defendant granted permission to re-amend Defence as proposed.
  • Claimant granted permission to serve a supplementary expert report in response.