Ross v Phillips & Ors (Re HRP Complete Solutions LLP (CRN: OC389693) - Companies Act 2006 - Limited Liability Parnterships Act 2000) [2024] EWHC 522 (Ch) (07 March 2024)

Ross v Phillips & Ors (Re HRP Complete Solutions LLP (CRN: OC389693) - Companies Act 2006 - Limited Liability Parnterships Act 2000) [2024] EWHC 522 (Ch) (07 March 2024)

It is appropriate to substitute Bond 58 Homes Limited for Zoe Jayne Phillips as defendant in respect of the relevant property claims, and to permit derivative claims against Bond 58 Homes Limited, as it is now the legal owner. The first defendant is ordered to pay the costs of the present application due to delay and lack of timely disclosure, but costs relating to future amendments and the discontinuance against the fifth defendant are reserved for determination at trial.

Citation
[2024] EWHC 522 (Ch)
Parties
Claimant: Helen Mary Ross; Derivative Claimant Entity: HRP Complete Solutions LLP (CRN: OC389693); First Defendant: Andrew John Phillips; Second Defendant: HRP Complete Solutions (Kent) LLP (CRN: 0C399943); Third Defendant: HRP Complete Solutions LLP; Fourth Defendant: HRP Total Solutions Kent Ltd; Fifth Defendant (to Be Substituted): Zoe Jayne Phillips; Proposed Defendant (substituted for Fifth Defendant): Bond 58 Homes Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Derivative Claim (chancery Division) / Application for Substitution of Party and Related Costs Order
Outcome
Application granted in terms sought by Claimant, with costs orders as specified.
Legal Topics
Derivative Claims, Substitution of Parties, Costs Orders, Limited Liability Partnerships, Property Transfer
Company Law Civil Procedure Derivative Claims Substitution of Parties Costs Orders Limited Liability Partnerships Property Transfer

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Parties

Helen Mary Ross

Claimant

HRP Complete Solutions LLP (CRN: OC389693)

Derivative Claimant Entity

Andrew John Phillips

First Defendant

HRP Complete Solutions (Kent) LLP (CRN: 0C399943)

Second Defendant

HRP Complete Solutions LLP

Third Defendant

HRP Total Solutions Kent Ltd

Fourth Defendant

Zoe Jayne Phillips

Fifth Defendant (to Be Substituted)

Bond 58 Homes Limited

Proposed Defendant (substituted for Fifth Defendant)

Procedural Posture

Derivative Claim (chancery Division) / Application for Substitution of Party and Related Costs Order

Legal Issues

  1. 1 Whether Bond 58 Homes Limited should be substituted for Zoe Jayne Phillips as defendant in respect of certain property claims
  2. 2 Whether permission should be granted to bring derivative claims against Bond 58 Homes Limited
  3. 3 Appropriate costs orders for the application and related amendments

Ratio Decidendi

It is appropriate to substitute Bond 58 Homes Limited for Zoe Jayne Phillips as defendant in respect of the relevant property claims, and to permit derivative claims against Bond 58 Homes Limited, as it is now the legal owner. The first defendant is ordered to pay the costs of the present application due to delay and lack of timely disclosure, but costs relating to future amendments and the discontinuance against the fifth defendant are reserved for determination at trial.

Court Disposition

Application granted in terms sought by Claimant, with costs orders as specified.

Orders

  • Bond 58 Homes Limited substituted for Zoe Jayne Phillips as defendant for relevant claims.
  • Permission granted to bring derivative claims against Bond 58 Homes Limited.