McEneaney & Ors v Ulster Bank Ireland Ltd & Anor [2015] EWHC 3173 (Comm) (09 November 2015)

McEneaney & Ors v Ulster Bank Ireland Ltd & Anor [2015] EWHC 3173 (Comm) (09 November 2015)

Permission to amend pleadings to introduce claims in fraud, breach of trust, and knowing assistance is refused because such claims constitute new causes of action not arising from substantially the same facts as originally pleaded claims, are barred by limitation, and are inadequately particularised.

Citation
[2015] EWHC 3173 (Comm)
Parties
Claimants: Brendan McEneaney & Others; First Defendant: Ulster Bank Ireland Limited; Second Defendant: Evans Randall Investment Management Limited
Jurisdiction
England and Wales
Judgment Date
09 November 2015
Procedural Posture
Commercial Court Consolidated Actions / Application for Permission to Amend Pleadings; Strike Out and Summary Judgment
Outcome
Permission to amend pleadings refused; applications to strike out or for summary judgment not granted at this stage.
Legal Topics
Misrepresentation, Negligence, Breach of Trust, Statutory Duty, Limitation, Fraud, Knowing Assistance, Investment Schemes
Commercial Law Banking Law Trusts Law Regulatory Law Misrepresentation Negligence Breach of Trust Statutory Duty +4 more

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Parties

Brendan McEneaney & Others

Claimants

Ulster Bank Ireland Limited

First Defendant

Evans Randall Investment Management Limited

Second Defendant

Procedural Posture

Commercial Court Consolidated Actions / Application for Permission to Amend Pleadings; Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether claimants may amend pleadings to introduce claims in fraud, breach of trust, and knowing assistance
  2. 2 Whether amendments are barred by limitation
  3. 3 Whether pleadings are sufficiently particularised

Ratio Decidendi

Permission to amend pleadings to introduce claims in fraud, breach of trust, and knowing assistance is refused because such claims constitute new causes of action not arising from substantially the same facts as originally pleaded claims, are barred by limitation, and are inadequately particularised.

Court Disposition

Permission to amend pleadings refused; applications to strike out or for summary judgment not granted at this stage.

Orders

  • Claimants' applications to amend pleadings to introduce claims in fraud, breach of trust, and knowing assistance are refused.
  • No order for summary judgment or strike out at this stage.