Cole v Howlett & Ors [2015] EWHC 1697 (Ch) (16 June 2015)

Cole v Howlett & Ors [2015] EWHC 1697 (Ch) (16 June 2015)

The claimant, having acquired title to the cause of action by assignment from the Official Receiver at the best price reasonably obtainable, has purged the prior abuse of process. The court has jurisdiction under CPR 3.1(7) to vary or revoke its previous order in light of the material change in circumstances. The amendment to plead the assignment is permitted and the claim may proceed to trial.

Citation
[2015] EWHC 1697 (Ch)
Parties
Claimant: Anthony James Cole; Defendants: Liam Paul Paris Howlett & Ors
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Civil / Application to Amend Claim and Vary Previous Order Prior to Trial
Outcome
Application granted
Legal Topics
Assignment of Causes of Action, Bankruptcy and Vesting of Assets, Abuse of Process, Amendment of Pleadings, Court's Power to Vary or Revoke Orders, Copyright Infringement
Insolvency Civil Procedure Intellectual Property Assignment of Causes of Action Bankruptcy and Vesting of Assets Abuse of Process Amendment of Pleadings Court's Power to Vary or Revoke Orders +1 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 3 Authorities cited 17 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Anthony James Cole

Claimant

Liam Paul Paris Howlett & Ors

Defendants

Procedural Posture

Civil / Application to Amend Claim and Vary Previous Order Prior to Trial

Legal Issues

  1. 1 Whether the claimant, having acquired title by assignment from the Official Receiver, can amend the claim and proceed despite prior abuse of process
  2. 2 Whether the court has jurisdiction to vary or revoke its previous order striking out the claim
  3. 3 Whether the abuse of process has been purged by the assignment and sale of the cause of action

Ratio Decidendi

The claimant, having acquired title to the cause of action by assignment from the Official Receiver at the best price reasonably obtainable, has purged the prior abuse of process. The court has jurisdiction under CPR 3.1(7) to vary or revoke its previous order in light of the material change in circumstances. The amendment to plead the assignment is permitted and the claim may proceed to trial.

Court Disposition

Application granted

Orders

  • Permission to amend the Claim Form and Particulars of Claim to plead assignment from the Official Receiver granted
  • Previous order varied to permit the claim to proceed to trial