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

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

A debarring order that precludes a party from defending a claim applies to both liability and quantum, and there is no principled basis for allowing participation on quantum alone. Amendments to pleadings are permitted where justified by late disclosure and do not introduce new facts.

Citation
[2017] EWHC 1084
Parties
Claimants: Michael & Ors; Defendants: Phillips & Ors
Jurisdiction
England and Wales
Procedural Posture
Civil / Pre Trial Review
Outcome
Application granted in part
Legal Topics
Debarring Order, Amendment of Pleadings, Participation in Trial, Disclosure, Constructive Trust, Pallant V. Morgan Principle
Civil Procedure Debarring Order Amendment of Pleadings Participation in Trial Disclosure Constructive Trust Pallant V. Morgan Principle

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Parties

Michael & Ors

Claimants

Phillips & Ors

Defendants

Procedural Posture

Civil / Pre Trial Review

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 that precludes a party from defending a claim applies to both liability and quantum, and there is no principled basis for allowing participation on quantum alone. Amendments to pleadings are permitted where justified by late disclosure and do not introduce new facts.

Court Disposition

Application granted in part

Orders

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