In Media Trust SPA (A company incorporated under the laws of Italy) as Trustee for the Jacaranda Trust v BGB Weston Limited & Ors

In Media Trust SPA (A company incorporated under the laws of Italy) as Trustee for the Jacaranda Trust v BGB Weston Limited & Ors

The court held that the claimant should be permitted to amend the particulars of claim to advance new claims in contract and conspiracy, as the claims have real prospects of success and are not barred by limitation due to the operation of section 32 of the Limitation Act 1980, given the deliberate concealment and fraud by the defendants (specifically Mr Pinto as agent of BGB). The court found that the claimant and its trustee could not, with reasonable diligence, have discovered the relevant facts more than six years before the application. Although the claimant (through its former trustee) committed a serious abuse of process by making knowingly false statements regarding the date of the...

Parties
Claimant: In Media Trust SPA as Trustee for the Jacaranda Trust; First Defendant: BGB Weston Limited; Second Defendant: Lorenzo Gallucci; Third Defendant: Gennaro Pinto
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (commercial/trust) / Ruling on Applications to Amend Particulars of Claim, Strike Out, and Reverse Summary Judgment
Outcome
Application to amend particulars of claim allowed; application to strike out or for reverse summary judgment dismissed; costs sanction imposed for abuse of process.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Abuse of Process, Fraudulent Misrepresentation, Conspiracy, Breach of Contract, Worldwide Freezing Orders
Trust Law Contract Law Civil Procedure Fraud Amendment of Pleadings Limitation of Actions Abuse of Process Fraudulent Misrepresentation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

In Media Trust SPA as Trustee for the Jacaranda Trust

Claimant

BGB Weston Limited

First Defendant

Lorenzo Gallucci

Second Defendant

Gennaro Pinto

Third Defendant

Procedural Posture

Civil (commercial/trust) / Ruling on Applications to Amend Particulars of Claim, Strike Out, and Reverse Summary Judgment

Legal Issues

  1. 1 Whether the claimant should be permitted to amend the particulars of claim to advance new claims in contract and conspiracy
  2. 2 Whether the proposed amendments are barred by limitation and if section 32 of the Limitation Act 1980 applies
  3. 3 Whether the claim or proceedings should be struck out for abuse of process due to false statements regarding the date of the investment management agreement

Ratio Decidendi

The court held that the claimant should be permitted to amend the particulars of claim to advance new claims in contract and conspiracy, as the claims have real prospects of success and are not barred by limitation due to the operation of section 32 of the Limitation Act 1980, given the deliberate concealment and fraud by the defendants (specifically Mr Pinto as agent of BGB). The court found that the claimant and its trustee could not, with reasonable diligence, have discovered the relevant facts more than six years before the application. Although the claimant (through its former trustee) committed a serious abuse of process by making knowingly false statements regarding the date of the...

Court Disposition

Application to amend particulars of claim allowed; application to strike out or for reverse summary judgment dismissed; costs sanction imposed for abuse of process.

Orders

  • Permission granted to claimant to amend particulars of claim as set out, subject to conditions regarding scope of claims and no further amendments to introduce lesser claims.
  • Application by defendants to strike out or for reverse summary judgment dismissed.