Andrew John Martin v Daniel Brian Wilkinson & Ors

Andrew John Martin v Daniel Brian Wilkinson & Ors

It is too late for the defendants to object to the amendments at paragraphs 8.3 to 8.5 of the amended particulars of claim, as they have been on notice for 10 months, have pleaded to them, and no formal application to exclude them was made. The interests of justice and the overriding objective require the trial to proceed on the basis of the pleadings as they stand.

Parties
Claimant: Andrew John Martin; First Defendant: Daniel Brian Wilkinson; Second Defendant: Jodi Ann Wilkinson; Third Defendant: Wilmart Properties Limited; Fourth Defendant: Martin Wilkinson
Jurisdiction
England and Wales
Judgment Date
23 February 2026
Procedural Posture
Probate/trusts Dispute / Preliminary Extempore Ruling at Start of Trial
Outcome
Application to disallow amendments refused; trial to proceed on current pleadings.
Legal Topics
Amendment of Pleadings, Declarations of Trust, Sham Trusts, Case Management, Joinder of Parties
Probate Trusts Civil Procedure Amendment of Pleadings Declarations of Trust Sham Trusts Case Management Joinder of Parties

Case Brief

Summary, issues, holding and outcome

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Parties

Andrew John Martin

Claimant

Daniel Brian Wilkinson

First Defendant

Jodi Ann Wilkinson

Second Defendant

Wilmart Properties Limited

Third Defendant

Martin Wilkinson

Fourth Defendant

Procedural Posture

Probate/trusts Dispute / Preliminary Extempore Ruling at Start of Trial

Legal Issues

  1. 1 Whether amendments to particulars of claim (paragraphs 8.3 to 8.5) should be allowed to stand and be argued at trial
  2. 2 Whether the claimant had permission to introduce new arguments regarding trust, intention, and sham
  3. 3 Whether the late objection to the amendments should be entertained

Ratio Decidendi

It is too late for the defendants to object to the amendments at paragraphs 8.3 to 8.5 of the amended particulars of claim, as they have been on notice for 10 months, have pleaded to them, and no formal application to exclude them was made. The interests of justice and the overriding objective require the trial to proceed on the basis of the pleadings as they stand.

Court Disposition

Application to disallow amendments refused; trial to proceed on current pleadings.

Orders

  • Amendments at paragraphs 8.3 to 8.5 of the amended particulars of claim are allowed to stand and be argued at trial.
  • Any costs implications arising from the amendments to be dealt with at the end of the trial.