JDK Holdings Corp v Bourgade & Anor [2026] EWHC 1072 (Ch) (13 May 2026)

JDK Holdings Corp v Bourgade & Anor [2026] EWHC 1072 (Ch) (13 May 2026)

Permission granted to claimant to amend particulars of claim in the form of the Final APOC, as the amendments now set out a coherent, properly particularised, and adequately evidenced claim for the alleged joint venture, overcoming the low merits threshold for amendment. The original particulars of claim and prior amendments were inadequate and are struck out. Procedural delays and amendments do not amount to abuse of process in this context. Costs orders made against claimant for prior procedural failings.

Citation
[2026] EWHC 1072 (Ch)
Parties
Claimant: JDK Holdings Corp; First Defendant: Marc Bourgade; Second Defendant: Asluma Aero Holdings
Jurisdiction
England and Wales
Judgment Date
13 May 2026
Procedural Posture
Commercial Chancery / Permission to Amend Particulars of Claim; Strike Out Applications
Outcome
Permission granted to amend particulars of claim; strike out applications allowed against original particulars; costs orders made against claimant.
Legal Topics
Joint Venture Agreements, Pleading Standards, Amendment of Statements of Case, Strike Out Applications, Fiduciary Duties
Commercial Law Equity Civil Procedure Joint Venture Agreements Pleading Standards Amendment of Statements of Case Strike Out Applications Fiduciary Duties

Case Brief

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Parties

JDK Holdings Corp

Claimant

Marc Bourgade

First Defendant

Asluma Aero Holdings

Second Defendant

Procedural Posture

Commercial Chancery / Permission to Amend Particulars of Claim; Strike Out Applications

Legal Issues

  1. 1 Whether the claimant should be permitted to amend its particulars of claim to properly plead the terms of the alleged joint venture
  2. 2 Whether the original and amended particulars of claim should be struck out for vagueness and incoherence
  3. 3 Whether the claimant's claim meets the merits threshold for amendment

Ratio Decidendi

Permission granted to claimant to amend particulars of claim in the form of the Final APOC, as the amendments now set out a coherent, properly particularised, and adequately evidenced claim for the alleged joint venture, overcoming the low merits threshold for amendment. The original particulars of claim and prior amendments were inadequate and are struck out. Procedural delays and amendments do not amount to abuse of process in this context. Costs orders made against claimant for prior procedural failings.

Court Disposition

Permission granted to amend particulars of claim; strike out applications allowed against original particulars; costs orders made against claimant.

Orders

  • Claimant permitted to advance claim on basis of Final APOC.
  • Original particulars of claim and prior amendments struck out.