Kounis v Critchlow and Associates Ltd [2026] EWHC 693 (KB) (25 March 2026)

Kounis v Critchlow and Associates Ltd [2026] EWHC 693 (KB) (25 March 2026)

No concluded agreement to extend the assignment deadline was reached on 15 May 2023; thus, the cause of action vested in Amtrust. The claimant cannot proceed without joining Amtrust as a party. Estoppel or waiver arising from subsequent correspondence does not alter the substantive requirement for joinder. The Master's order was in error and must be set aside.

Citation
[2026] EWHC 693 (KB)
Parties
Claimant/respondent: George Kounis; Defendant/appellant: Critchlow and Associates Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2026
Procedural Posture
Appeal (from Order Dismissing Strike Out/summary Judgment Application) / High Court (king's Bench Division) Judgment on Appeal
Outcome
Appeal allowed; Master's order set aside.
Legal Topics
Standing to Sue, Assignment and Re Assignment of Causes of Action, Summary Judgment, Strike Out Applications, Estoppel, Variation of Contract
Civil Procedure Contract Law Assignment of Claims Standing to Sue Assignment and Re Assignment of Causes of Action Summary Judgment Strike Out Applications Estoppel +1 more

Case Brief

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Parties

George Kounis

Claimant/respondent

Critchlow and Associates Limited

Defendant/appellant

Procedural Posture

Appeal (from Order Dismissing Strike Out/summary Judgment Application) / High Court (king's Bench Division) Judgment on Appeal

Legal Issues

  1. 1 Whether a concluded agreement to extend the assignment deadline was reached on 15 May 2023
  2. 2 Whether the claimant had standing to bring the claim or if the cause of action had vested in Amtrust
  3. 3 Whether subsequent correspondence in October 2023 varied or estopped the assignment

Ratio Decidendi

No concluded agreement to extend the assignment deadline was reached on 15 May 2023; thus, the cause of action vested in Amtrust. The claimant cannot proceed without joining Amtrust as a party. Estoppel or waiver arising from subsequent correspondence does not alter the substantive requirement for joinder. The Master's order was in error and must be set aside.

Court Disposition

Appeal allowed; Master's order set aside.

Orders

  • Claim not struck out immediately; claimant given time to apply to join Amtrust as a party, failing which the claim will be struck out.