Banco de Sabadell SA v Cerberus Global NPL Associates LLC & Ors

Banco de Sabadell SA v Cerberus Global NPL Associates LLC & Ors

The re-amendment application was dismissed because it sought to introduce a new factual case that would imperil the trial date, lacked sufficient evidential basis under Spanish law, and was essentially an attempt to revisit prior case management decisions. The witness evidence application was dismissed as there was no material basis for objecting to the evidence served, and it was not proportionate to pursue a strikeout application. Timetabling adjustments were allowed.

Parties
Claimant: Banco de Sabadell S. A.; Defendants: Cerberus Global NPL Associates, L. L. C & ors.
Jurisdiction
England and Wales
Judgment Date
11 December 2024
Procedural Posture
Commercial Court Application / Ruling on Re Amendment and Witness Evidence Applications
Outcome
Re-amendment application dismissed; witness evidence application dismissed; timetabling application allowed
Legal Topics
Pleading Amendments, Disclosure, Witness Evidence, Spanish Law Interpretation
Contract Law Civil Procedure Pleading Amendments Disclosure Witness Evidence Spanish Law Interpretation

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 / Ruling on Re Amendment and Witness Evidence Applications

Legal Issues

  1. 1 Whether the claimant should be allowed to re-amend pleadings to introduce a new factual case regarding common/evident intention under Spanish law
  2. 2 Whether the defendants' application to strike out or edit witness evidence is well-founded

Ratio Decidendi

The re-amendment application was dismissed because it sought to introduce a new factual case that would imperil the trial date, lacked sufficient evidential basis under Spanish law, and was essentially an attempt to revisit prior case management decisions. The witness evidence application was dismissed as there was no material basis for objecting to the evidence served, and it was not proportionate to pursue a strikeout application. Timetabling adjustments were allowed.

Court Disposition

Re-amendment application dismissed; witness evidence application dismissed; timetabling application allowed

Orders

  • Re-amendment application dismissed
  • Witness evidence application dismissed