Banco de Sabadell SA v Cerberus Global NPL Associates LLC & Ors [2024] EWHC 1204 (Comm) (17 May 2024)

Banco de Sabadell SA v Cerberus Global NPL Associates LLC & Ors [2024] EWHC 1204 (Comm) (17 May 2024)

The re-amendment application was refused because it sought to introduce a new and different factual case that would require expanded disclosure and witness evidence, threatening the trial date, and was not justified by sufficient evidence of arguability under Spanish law. The witness evidence application was dismissed as there was no sufficient basis to strike out or edit the evidence served, and any minor issues could be addressed at trial.

Citation
[2024] EWHC 1204 (Comm)
Parties
Claimant: Banco de Sabadell S. A.; Defendants: Cerberus Global NPL Associates, L. L. C & ors.
Jurisdiction
England and Wales
Judgment Date
17 May 2024
Procedural Posture
Commercial Court Application / Interlocutory Applications (re Amendment and Witness Evidence)
Outcome
Applications dismissed (except for timetabling adjustments)
Legal Topics
Pleading Amendments, Disclosure, Witness Evidence, Interpretation of Contracts, Spanish Law
Contract Law Civil Procedure Pleading Amendments Disclosure Witness Evidence Interpretation of Contracts Spanish Law

Case Brief

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Parties

Banco de Sabadell S. A.

Claimant

Cerberus Global NPL Associates, L. L. C & ors.

Defendants

Procedural Posture

Commercial Court Application / Interlocutory Applications (re Amendment and Witness Evidence)

Legal Issues

  1. 1 Whether to permit the claimant's re-amendment to plead a new factual case and Spanish law issue
  2. 2 Whether to strike out or edit parts of the witness evidence served by the claimant

Ratio Decidendi

The re-amendment application was refused because it sought to introduce a new and different factual case that would require expanded disclosure and witness evidence, threatening the trial date, and was not justified by sufficient evidence of arguability under Spanish law. The witness evidence application was dismissed as there was no sufficient basis to strike out or edit the evidence served, and any minor issues could be addressed at trial.

Court Disposition

Applications dismissed (except for timetabling adjustments)

Orders

  • Re-amendment application dismissed
  • Witness evidence application dismissed