JDK Holdings Corp v Marc Bourgade & Anor

JDK Holdings Corp v Marc Bourgade & Anor

Permission to amend is granted because the Final APOC now sets out a coherent, properly particularised claim supported by evidence, overcoming the low merits threshold for amendment. The original particulars of claim are struck out as they failed to disclose a reasonable cause of action. The claimant is ordered to pay the first defendant's costs of the strike out applications and the Final Amendment Application, with interim payments on account ordered. The conduct of the claimant, while procedurally unsatisfactory, does not amount to abuse justifying strike out of the entire claim.

Parties
Claimant: JDK Holdings Corp; First Defendant: Marc Bourgade; Second Defendant: Asluma Aero Holdings
Jurisdiction
England and Wales
Judgment Date
13 May 2026
Procedural Posture
Civil Commercial/chancery / Interlocutory Application for Permission to Amend Particulars of Claim; Strike Out Applications; Costs Determination
Outcome
Permission to amend granted; strike out of original particulars allowed; costs orders made against claimant; interim payments on account ordered; claim proceeds on basis of Final APOC.
Legal Topics
Amendment of Pleadings, Strike Out Applications, Joint Venture Agreements, Costs Orders, Summary Judgment Threshold, Fiduciary Duties, Sham Agreements
Civil Procedure Commercial Law Equity and Trusts Amendment of Pleadings Strike Out Applications Joint Venture Agreements Costs Orders Summary Judgment Threshold +2 more

Case Brief

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Parties

JDK Holdings Corp

Claimant

Marc Bourgade

First Defendant

Asluma Aero Holdings

Second Defendant

Procedural Posture

Civil Commercial/chancery / Interlocutory Application for Permission to Amend Particulars of Claim; Strike Out Applications; Costs Determination

Legal Issues

  1. 1 Whether the claimant should be granted permission to amend its particulars of claim in the form of the Final APOC
  2. 2 Whether the defendants' strike out applications (FSOA and SSOA) should be allowed against the original particulars of claim
  3. 3 Whether the claimant's conduct amounts to an abuse of process justifying strike out of the claim

Ratio Decidendi

Permission to amend is granted because the Final APOC now sets out a coherent, properly particularised claim supported by evidence, overcoming the low merits threshold for amendment. The original particulars of claim are struck out as they failed to disclose a reasonable cause of action. The claimant is ordered to pay the first defendant's costs of the strike out applications and the Final Amendment Application, with interim payments on account ordered. The conduct of the claimant, while procedurally unsatisfactory, does not amount to abuse justifying strike out of the entire claim.

Court Disposition

Permission to amend granted; strike out of original particulars allowed; costs orders made against claimant; interim payments on account ordered; claim proceeds on basis of Final APOC.

Orders

  • Permission granted to amend particulars of claim in the form of the Final APOC (with minor further amendments).
  • Original particulars of claim struck out to the extent sought in the FSOA and SSOA.