Crane Bank Limited and Others v DFCU Bank Limited and Others

Crane Bank Limited and Others v DFCU Bank Limited and Others

Permission to amend is partly granted and partly refused. DFCU may plead reliance on the existence and terms of the PWC reports as influencing regulatory action, but may not incorporate their conclusions as factual allegations to be proved at trial. Incorporation of large sections of the reports as facts is ambiguous, improper, and would obstruct fair trial preparation.

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 (cmc) – Application for Permission to Amend Pleadings
Outcome
Permission to amend defence partly granted, partly refused.
Legal Topics
Pleading Amendments, Corruption Allegations, Statutory Management, Receivership, Admissibility of Evidence
Civil Procedure Banking Law Pleading Amendments Corruption Allegations Statutory Management Receivership Admissibility of Evidence

Case Brief

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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 (cmc) – Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether DFCU Bank may amend its defence to incorporate factual allegations based on PWC reports
  2. 2 Whether references to PWC reports constitute proper pleading or impermissible incorporation of evidence
  3. 3 Whether the amendments would prejudice fair trial preparation

Ratio Decidendi

Permission to amend is partly granted and partly refused. DFCU may plead reliance on the existence and terms of the PWC reports as influencing regulatory action, but may not incorporate their conclusions as factual allegations to be proved at trial. Incorporation of large sections of the reports as facts is ambiguous, improper, and would obstruct fair trial preparation.

Court Disposition

Permission to amend defence partly granted, partly refused.

Orders

  • Permission refused for amendments incorporating PWC report conclusions as factual allegations.
  • Permission granted for amendments relying on existence and terms of PWC reports without alleging their correctness.