Pankim Kumar Patel v Minerva Services Delaware, Inc & Ors

Pankim Kumar Patel v Minerva Services Delaware, Inc & Ors

Permission to amend is granted because the proposed amendments disclose a real prospect of success, are not speculative, and are properly particularised. The law regarding the application of malicious prosecution and abuse of process to foreign proceedings and arbitrations is developing, and it is not appropriate to refuse the amendments at this stage. The question of whether the torts apply to foreign proceedings and arbitrations should be determined at trial, not on an interim application.

Parties
Claimant: Pankim Kumar Patel; First Defendant: Minerva Services Delaware, Inc.; Second Defendant: Paul Baxendale-Walker; Third Defendant: Mark Barry Slater
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Application for Permission to Amend Claim Form and Points of Claim
Outcome
Permission to amend Points of Claim granted in part
Legal Topics
Malicious Prosecution, Abuse of Process, Unlawful Means Conspiracy, Amendment of Pleadings
Tort Civil Procedure Malicious Prosecution Abuse of Process Unlawful Means Conspiracy Amendment of Pleadings

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Parties

Pankim Kumar Patel

Claimant

Minerva Services Delaware, Inc.

First Defendant

Paul Baxendale-Walker

Second Defendant

Mark Barry Slater

Third Defendant

Procedural Posture

Civil / Application for Permission to Amend Claim Form and Points of Claim

Legal Issues

  1. 1 Whether the torts of malicious prosecution and abuse of process can apply to foreign proceedings and arbitrations
  2. 2 Whether the proposed amendments to the Points of Claim disclose a real prospect of success
  3. 3 Whether the amendments are properly particularised and not speculative

Ratio Decidendi

Permission to amend is granted because the proposed amendments disclose a real prospect of success, are not speculative, and are properly particularised. The law regarding the application of malicious prosecution and abuse of process to foreign proceedings and arbitrations is developing, and it is not appropriate to refuse the amendments at this stage. The question of whether the torts apply to foreign proceedings and arbitrations should be determined at trial, not on an interim application.

Court Disposition

Permission to amend Points of Claim granted in part

Orders

  • Claimant granted permission to amend Points of Claim except for specific amendments expressly refused in the judgment
  • Claimant to remove references to 'among other things' in particulars and provide further detail on miscellaneous costs