Cole v Howlett & Ors

Cole v Howlett & Ors

The Claimant, having acquired title to the cause of action by assignment from the Official Receiver, has purged the previous abuse of process. The court's previous order was not final and is subject to variation. There is a material change in circumstances, and the Claimant is entitled to amend the claim. The Defendants suffer no prejudice that cannot be addressed by costs. The amendment is allowed.

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
Outcome
Application to amend claim allowed
Legal Topics
Assignment of Causes of Action, Abuse of Process, Bankruptcy and Asset Disclosure, Amendment of Pleadings, Costs
Insolvency Law Civil Procedure Copyright Law Assignment of Causes of Action Abuse of Process Bankruptcy and Asset Disclosure Amendment of Pleadings Costs

Case Brief

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Parties

Anthony James Cole

Claimant

Liam Paul Paris Howlett & Ors

Defendants

Procedural Posture

Civil / Application to Amend Claim and Vary Previous Order

Legal Issues

  1. 1 Whether the Claimant can amend the claim to plead assignment of the cause of action from the Official Receiver
  2. 2 Whether the previous finding of abuse of process is purged by the assignment
  3. 3 Whether the court has jurisdiction to vary or revoke its previous order

Ratio Decidendi

The Claimant, having acquired title to the cause of action by assignment from the Official Receiver, has purged the previous abuse of process. The court's previous order was not final and is subject to variation. There is a material change in circumstances, and the Claimant is entitled to amend the claim. The Defendants suffer no prejudice that cannot be addressed by costs. The amendment is allowed.

Court Disposition

Application to amend claim allowed

Orders

  • Claimant permitted to amend Claim Form and Particulars of Claim to plead assignment
  • If parties cannot agree, court will hear submissions on costs and consequential orders