Michael & Ors v Phillips & Ors [2017] EWHC 1084 (QB) ()

Michael & Ors v Phillips & Ors [2017] EWHC 1084 (QB) ()

A debarring order precludes the first and second defendants from participating in the trial on both liability and quantum; amendments to the Particulars of Claim are permitted as they arise from defendants' conduct and do not introduce new facts; costs are excluded from the non-participation order by concession.

Citation
[2017] EWHC 1084 (QB)
Parties
Claimants: Michael & Ors; Defendants: Phillips & Ors
Jurisdiction
England and Wales
Procedural Posture
Civil Pre Trial Review / Pre Trial Review Before Trial Window
Outcome
Application granted in part; claimants permitted to amend pleadings; first and second defendants barred from participating in trial on liability and quantum; costs excluded from non-participation order.
Legal Topics
Debarring Orders, Amendment of Pleadings, Disclosure Obligations, Constructive Trusts, Pallant V. Morgan Principle
Civil Procedure Contract Law Equity Debarring Orders Amendment of Pleadings Disclosure Obligations Constructive Trusts Pallant V. Morgan Principle

Case Brief

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Parties

Michael & Ors

Claimants

Phillips & Ors

Defendants

Procedural Posture

Civil Pre Trial Review / Pre Trial Review Before Trial Window

Legal Issues

  1. 1 Whether claimants should be permitted to re-amend their Particulars of Claim
  2. 2 Whether debarred defendants may participate in the trial on liability and/or quantum

Ratio Decidendi

A debarring order precludes the first and second defendants from participating in the trial on both liability and quantum; amendments to the Particulars of Claim are permitted as they arise from defendants' conduct and do not introduce new facts; costs are excluded from the non-participation order by concession.

Court Disposition

Application granted in part; claimants permitted to amend pleadings; first and second defendants barred from participating in trial on liability and quantum; costs excluded from non-participation order.

Orders

  • Claimants permitted to re-amend Particulars of Claim as proposed.
  • First and second defendants debarred from participating in trial on both liability and quantum.