Sangeeta Mittal v Barclays Bank Plc & Ors
The claimant is permitted to amend her claim to plead proprietary estoppel and common intention constructive trust as the proposed amendments are coherent, adequately pleaded, and not so fanciful as to be summarily dismissed. The amendments are not very late and the merits test is satisfied. The application to challenge the validity of the receivers' appointment is refused as no sustainable basis is articulated. Permission to amend to rescind the Licence is deferred pending further particulars. Joinder of Meadswell and permission to serve out are granted as consequential orders.
- Parties
- Claimant: Sangeeta Mittal; First Defendant: Barclays Bank PLC; Second Defendant (receiver): Alexandra Ward; Third Defendant (receiver): Victoria Liddell; Fourth Defendant (receiver): Tammy Wilkins; Proposed Additional Defendant: Meadswell Estates Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 01 May 2026
- Procedural Posture
- Civil (property, Trusts & Probate) / Application for Permission to Amend Claim, Join Additional Party, and Serve Out of Jurisdiction
- Outcome
- Application granted in part, refused in part, and deferred in part
- Legal Topics
- Proprietary Estoppel, Constructive Trusts, Overriding Interests, Amendment of Pleadings, Joinder of Parties, Subrogation, Rescission for Misrepresentation
Case Brief
Summary, issues, holding and outcome
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Parties
Sangeeta Mittal
Claimant
Barclays Bank PLC
First Defendant
Alexandra Ward
Second Defendant (receiver)
Victoria Liddell
Third Defendant (receiver)
Tammy Wilkins
Fourth Defendant (receiver)
Meadswell Estates Limited
Proposed Additional Defendant
Procedural Posture
Civil (property, Trusts & Probate) / Application for Permission to Amend Claim, Join Additional Party, and Serve Out of Jurisdiction
Legal Issues
- 1 Whether the claimant should be permitted to amend her claim to plead proprietary estoppel and common intention constructive trust claims
- 2 Whether the claimant should be permitted to join Meadswell Estates Limited as a defendant and serve out of the jurisdiction
- 3 Whether the claimant's proposed amendments disclose a viable cause of action or are doomed to fail
Ratio Decidendi
The claimant is permitted to amend her claim to plead proprietary estoppel and common intention constructive trust as the proposed amendments are coherent, adequately pleaded, and not so fanciful as to be summarily dismissed. The amendments are not very late and the merits test is satisfied. The application to challenge the validity of the receivers' appointment is refused as no sustainable basis is articulated. Permission to amend to rescind the Licence is deferred pending further particulars. Joinder of Meadswell and permission to serve out are granted as consequential orders.
Court Disposition
Application granted in part, refused in part, and deferred in part
Orders
- Permission to amend claim to plead proprietary estoppel and constructive trust granted
- Permission to join Meadswell Estates Limited as defendant granted
Full Case Text
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