Shovlin v Site Civils and Surfacing Ltd & Anor [2022] EWHC 3198 (Ch) (15 December 2022)

Shovlin v Site Civils and Surfacing Ltd & Anor [2022] EWHC 3198 (Ch) (15 December 2022)

The proposed Amended Particulars of Claim disclose reasonable grounds and a real prospect of success for a tracing claim against Vinesgrove (or assets now representing it) and a personal claim for knowing receipt against the Second Defendant, given the close causal and transactional link between the misapplied trust monies and acquisition of Vinesgrove. Other profit-based claims and conspiracy claims require further submissions before amendment is permitted.

Citation
[2022] EWHC 3198 (Ch)
Parties
Claimant: Mary Shovlin; First Defendant: Site Civils and Surfacing Ltd; Second Defendant: George Crosby
Jurisdiction
England and Wales
Judgment Date
15 December 2022
Procedural Posture
Civil Chancery / Application to Amend Particulars of Claim
Outcome
Application to amend Particulars of Claim allowed in part; Claimant permitted to pursue tracing and knowing receipt claims against Second Defendant; other amendments and conspiracy claim adjourned for further submissions.
Legal Topics
Constructive Trusts, Knowing Receipt, Tracing, Conspiracy, Amendment of Pleadings
Trusts Equity Civil Procedure Constructive Trusts Knowing Receipt Tracing Conspiracy Amendment of Pleadings

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 6 Authorities cited 18 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Mary Shovlin

Claimant

Site Civils and Surfacing Ltd

First Defendant

George Crosby

Second Defendant

Procedural Posture

Civil Chancery / Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the proposed amendments disclose reasonable grounds for a claim and/or have a real prospect of success against the Second Defendant
  2. 2 Whether a tracing claim and/or knowing receipt claim can be maintained against the Second Defendant
  3. 3 Whether a conspiracy claim can be reintroduced

Ratio Decidendi

The proposed Amended Particulars of Claim disclose reasonable grounds and a real prospect of success for a tracing claim against Vinesgrove (or assets now representing it) and a personal claim for knowing receipt against the Second Defendant, given the close causal and transactional link between the misapplied trust monies and acquisition of Vinesgrove. Other profit-based claims and conspiracy claims require further submissions before amendment is permitted.

Court Disposition

Application to amend Particulars of Claim allowed in part; Claimant permitted to pursue tracing and knowing receipt claims against Second Defendant; other amendments and conspiracy claim adjourned for further submissions.

Orders

  • Claimant permitted to amend Particulars of Claim to pursue tracing and knowing receipt claims against Second Defendant
  • Other proposed amendments and conspiracy claim adjourned for further submissions