CNM Estates (Tolworth Tower) Ltd v Carvill-Biggs & Anor [2023] EWCA Civ 480 (05 May 2023)

CNM Estates (Tolworth Tower) Ltd v Carvill-Biggs & Anor [2023] EWCA Civ 480 (05 May 2023)

Relief from sanction was not required as CNM complied with the unless order; both amendments to plead gross negligence and wilful misconduct had a real prospect of success and should be permitted, as the perceived weakness of the claims is not a valid reason to refuse permission except in 'very late' cases.

Citation
[2023] EWCA Civ 480
Parties
Claimant/appellant: CNM Estates (Tolworth Tower) Limited; Defendant/respondent: Simon Peter Carvill-Biggs; Defendant/respondent: Freddy Khalastchi
Jurisdiction
England and Wales
Judgment Date
05 May 2023
Procedural Posture
Appeal / Court of Appeal Judgment on Permission to Amend Pleadings
Outcome
Appeal allowed
Legal Topics
Relief From Sanctions, Permission to Amend Pleadings, Gross Negligence, Wilful Misconduct, Receivers' Duties, Case Management Discretion
Civil Procedure Commercial Law Relief From Sanctions Permission to Amend Pleadings Gross Negligence Wilful Misconduct Receivers' Duties Case Management Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

CNM Estates (Tolworth Tower) Limited

Claimant/appellant

Simon Peter Carvill-Biggs

Defendant/respondent

Freddy Khalastchi

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Permission to Amend Pleadings

Legal Issues

  1. 1 Whether relief from sanction was required for permission to amend to plead gross negligence
  2. 2 Whether permission to amend to plead wilful misconduct should be granted
  3. 3 Whether proposed amendments have a real prospect of success

Ratio Decidendi

Relief from sanction was not required as CNM complied with the unless order; both amendments to plead gross negligence and wilful misconduct had a real prospect of success and should be permitted, as the perceived weakness of the claims is not a valid reason to refuse permission except in 'very late' cases.

Court Disposition

Appeal allowed

Orders

  • Permission granted to amend pleadings to allege gross negligence and wilful misconduct
  • No order as to costs due to settlement