Crane Bank Ltd & Ors v DFCU Bank Ltd & Ors [2025] EWHC 1915 (Comm) (24 July 2025)

Crane Bank Ltd & Ors v DFCU Bank Ltd & Ors [2025] EWHC 1915 (Comm) (24 July 2025)

Permission to amend the defence is granted only to the extent that DFCU may plead the existence and terms of the PWC reports and that a regulator would have been entitled to rely on them, but not to incorporate the reports' conclusions as factual allegations to be proved at trial. Amendments that introduce ambiguity or excessive detail, or incorporate the substance of the PWC reports as primary facts, are refused as inconsistent with effective trial preparation and the overriding objective.

Citation
[2025] EWHC 1915 (Comm)
Parties
Claimants: Crane Bank Limited and Others; Defendants: DFCU Bank Limited and Others
Jurisdiction
England and Wales
Judgment Date
24 July 2025
Procedural Posture
Commercial Court Litigation / Case Management Conference (application for Permission to Amend Pleadings)
Outcome
Permission to amend partly granted and partly refused
Legal Topics
Pleading Amendments, Admissibility of Evidence, Bank Insolvency, Corruption Allegations, Case Management
Civil Procedure Banking Law Pleading Amendments Admissibility of Evidence Bank Insolvency Corruption Allegations Case Management

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Parties

Crane Bank Limited and Others

Claimants

DFCU Bank Limited and Others

Defendants

Procedural Posture

Commercial Court Litigation / Case Management Conference (application for Permission to Amend Pleadings)

Legal Issues

  1. 1 Whether DFCU may amend its defence to incorporate conclusions from PWC reports as factual allegations
  2. 2 Whether references to PWC reports in the defence are permissible as a matter of pleading
  3. 3 Whether the proposed amendments would prejudice fair trial preparation

Ratio Decidendi

Permission to amend the defence is granted only to the extent that DFCU may plead the existence and terms of the PWC reports and that a regulator would have been entitled to rely on them, but not to incorporate the reports' conclusions as factual allegations to be proved at trial. Amendments that introduce ambiguity or excessive detail, or incorporate the substance of the PWC reports as primary facts, are refused as inconsistent with effective trial preparation and the overriding objective.

Court Disposition

Permission to amend partly granted and partly refused

Orders

  • Permission refused for amendments incorporating PWC reports as factual allegations to be proved at trial
  • Permission granted for amendments pleading the existence and terms of the PWC reports and that a regulator would have been entitled to rely on them