Wakeley & Ors v Tech Mahindra Ltd & Anor [2021] EWHC 2060 (Ch) (21 July 2021)

Wakeley & Ors v Tech Mahindra Ltd & Anor [2021] EWHC 2060 (Ch) (21 July 2021)

Permission to re-re-amend the Points and Particulars of Claim in the form proposed (paragraphs 93A-93Q) is refused due to numerous deficiencies, lack of particularisation, and risk of disproportionate delay and cost. Permission is granted only for paragraphs 42A and 43 (by consent and subject to conditions). Permission may be granted for an alternative claim in substantially the terms of a Short-Form Pleading relying on facts already pleaded, subject to amendment of the Claim Form and payment of necessary fees.

Citation
[2021] EWHC 2060 (Ch)
Parties
Claimant/petitioner: Martin Wakeley; Claimant/petitioner: Nicholas Rogers; Claimant/petitioner: Rajib Bhattacharyya; Claimant/petitioner: Sreekumaran Thampi; Claimant/petitioner: Huw Owen; Defendant/respondent: Tech Mahindra Limited; Defendant/respondent: Nth Dimension Ltd
Jurisdiction
England and Wales
Judgment Date
21 July 2021
Procedural Posture
Company/shareholder Dispute (rectification and Unfair Prejudice Petition) / Interlocutory Application for Permission to Re Re Amend Points and Particulars of Claim
Outcome
Permission to re-re-amend in the form of paragraphs 93A-93Q refused; permission granted for paragraphs 42A and 43 only (conditional); permission for alternative claim in Short-Form Pleading may be granted subject to draft and fees.
Legal Topics
Rectification of Share Register, Unfair Prejudice Petition, Breach of Contract, Case Management, Pleading Amendments
Company Law Contract Law Civil Procedure Rectification of Share Register Unfair Prejudice Petition Breach of Contract Case Management Pleading Amendments

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Parties

Martin Wakeley

Claimant/petitioner

Nicholas Rogers

Claimant/petitioner

Rajib Bhattacharyya

Claimant/petitioner

Sreekumaran Thampi

Claimant/petitioner

Huw Owen

Claimant/petitioner

Tech Mahindra Limited

Defendant/respondent

Nth Dimension Ltd

Defendant/respondent

Procedural Posture

Company/shareholder Dispute (rectification and Unfair Prejudice Petition) / Interlocutory Application for Permission to Re Re Amend Points and Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to re-re-amend the Points and Particulars of Claim to plead an alternative claim for breach of contract and consequential loss
  2. 2 Whether the proposed amendments are sufficiently particularised and appropriate for trial preparation
  3. 3 Whether the amendments would cause disproportionate delay or cost

Ratio Decidendi

Permission to re-re-amend the Points and Particulars of Claim in the form proposed (paragraphs 93A-93Q) is refused due to numerous deficiencies, lack of particularisation, and risk of disproportionate delay and cost. Permission is granted only for paragraphs 42A and 43 (by consent and subject to conditions). Permission may be granted for an alternative claim in substantially the terms of a Short-Form Pleading relying on facts already pleaded, subject to amendment of the Claim Form and payment of necessary fees.

Court Disposition

Permission to re-re-amend in the form of paragraphs 93A-93Q refused; permission granted for paragraphs 42A and 43 only (conditional); permission for alternative claim in Short-Form Pleading may be granted subject to draft and fees.

Orders

  • Permission to re-re-amend Points and Particulars of Claim in the form of paragraphs 93A-93Q refused.
  • Permission to re-re-amend for paragraphs 42A and 43 granted, conditional on no resulting disclosure of legal advice without further court permission.