Mary Shovlin v Site Civils and Surfacing Ltd & Anor

Mary Shovlin v Site Civils and Surfacing Ltd & Anor

The proposed Amended Particulars of Claim disclose reasonable grounds for bringing a claim with a real prospect of success against the Second Defendant for tracing and knowing receipt in respect of assets acquired with misapplied trust funds, given the close causal and transactional link between the misapplied funds and the acquisition of those assets. The Claimant is permitted to amend the Particulars of Claim to pursue these claims, subject to further submissions on certain aspects and the conspiracy claim.

Parties
Claimant: Mary Shovlin (as sole surviving trustee of the SPH Trust); First Defendant: Site Civils and Surfacing Ltd; Second Defendant: George Crosby
Jurisdiction
England and Wales
Judgment Date
15 December 2022
Procedural Posture
Civil / Application to Amend Particulars of Claim
Outcome
Application to amend Particulars of Claim allowed in part, subject to further submissions on certain amendments and the conspiracy claim.
Legal Topics
Knowing Receipt, Tracing, Constructive Trust, Breach of Fiduciary Duty, Amendment of Pleadings
Equity and Trusts Civil Procedure Knowing Receipt Tracing Constructive Trust Breach of Fiduciary Duty Amendment of Pleadings

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Parties

Mary Shovlin (as sole surviving trustee of the SPH Trust)

Claimant

Site Civils and Surfacing Ltd

First Defendant

George Crosby

Second Defendant

Procedural Posture

Civil / Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the proposed amendments to the Particulars of Claim disclose reasonable grounds for a claim and/or have a real prospect of success against the Second Defendant
  2. 2 Whether a tracing claim and/or a knowing receipt claim can be maintained against the Second Defendant in respect of assets acquired with misapplied trust funds
  3. 3 Whether the Second Defendant can be liable to account for profits or as a constructive trustee

Ratio Decidendi

The proposed Amended Particulars of Claim disclose reasonable grounds for bringing a claim with a real prospect of success against the Second Defendant for tracing and knowing receipt in respect of assets acquired with misapplied trust funds, given the close causal and transactional link between the misapplied funds and the acquisition of those assets. The Claimant is permitted to amend the Particulars of Claim to pursue these claims, subject to further submissions on certain aspects and the conspiracy claim.

Court Disposition

Application to amend Particulars of Claim allowed in part, subject to further submissions on certain amendments and the conspiracy claim.

Orders

  • Claimant permitted to amend Particulars of Claim to pursue tracing and knowing receipt claims against the Second Defendant.
  • Further submissions invited on amendments relating to profit and conspiracy claims at the adjourned Case Management Conference.