Ali v Hussain & Ors [2024] EWHC 3102 (Ch) (16 January 2025)

Ali v Hussain & Ors [2024] EWHC 3102 (Ch) (16 January 2025)

Permission to Re-Re-Amend Particulars of Claim is granted for amendments not objected to and those objected to but found to have real prospect of success, subject to Claimant paying costs caused by amendments. Unless orders for striking out claim for non-payment of costs are not justified at this stage due to value of claim and unresolved factual disputes. Amendments must be coherent, properly particularised, and supported by evidence. Case management considerations favour allowing amendments given absence of trial date and procedural steps.

Citation
[2024] EWHC 3102 (Ch)
Parties
Claimant: Hassan Kadhim Ali; 1st Defendant: Amar Hussain; 2nd Defendant: Autotrade London Limited; 3rd Defendant: AFH Properties Limited; 4th Defendant: 185 Park Avenue Limited; 5th Defendant: Amal Reda; 6th Defendant: Anwar Ghaleb (also called Anor Galb Ahmed Almosoy)
Jurisdiction
England and Wales
Judgment Date
16 January 2025
Procedural Posture
Chancery Business Dispute / Application for Permission to Re Re Amend Particulars of Claim
Outcome
Permission to Re-Re-Amend Particulars of Claim granted in part; costs order made against Claimant for amendments.
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Breach of Fiduciary Duty, Amendment of Pleadings, Costs Orders, Director Removal, Mortgage Default, Case Management
Trusts Property Company Law Contract Civil Procedure Constructive Trust Resulting Trust Beneficial Ownership +6 more

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Parties

Hassan Kadhim Ali

Claimant

Amar Hussain

1st Defendant

Autotrade London Limited

2nd Defendant

AFH Properties Limited

3rd Defendant

185 Park Avenue Limited

4th Defendant

Amal Reda

5th Defendant

Anwar Ghaleb (also called Anor Galb Ahmed Almosoy)

6th Defendant

Procedural Posture

Chancery Business Dispute / Application for Permission to Re Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to Re-Re-Amend Particulars of Claim
  2. 2 Whether amendments introduce new claims or particulars
  3. 3 Whether amendments have real prospect of success

Ratio Decidendi

Permission to Re-Re-Amend Particulars of Claim is granted for amendments not objected to and those objected to but found to have real prospect of success, subject to Claimant paying costs caused by amendments. Unless orders for striking out claim for non-payment of costs are not justified at this stage due to value of claim and unresolved factual disputes. Amendments must be coherent, properly particularised, and supported by evidence. Case management considerations favour allowing amendments given absence of trial date and procedural steps.

Court Disposition

Permission to Re-Re-Amend Particulars of Claim granted in part; costs order made against Claimant for amendments.

Orders

  • Claimant granted permission to Re-Re-Amend Particulars of Claim except for amendments lacking real prospect of success or factual basis.
  • Claimant to pay Defendants' costs of and caused by amendments.