Helen Mary Ross v Andrew John Phillips & Ors

Helen Mary Ross v Andrew John Phillips & Ors

It is appropriate to substitute Bond 58 Homes Limited for Ms Phillips as legal owner of the properties, and to permit derivative claims against Bond 58 Homes Limited. Costs of the application are to be paid by Mr Phillips, but costs of future amendments and the fifth defendant's costs are reserved for determination at trial.

Parties
Claimant: Helen Mary Ross; Defendant: Andrew John Phillips; Defendant: HRP Complete Solutions (Kent) LLP; Defendant: HRP Complete Solutions LLP; Defendant: HRP Total Solutions Kent Ltd; Defendant: Zoe Jayne Phillips
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Derivative Claim / Application for Substitution of Party and Related Orders
Outcome
Application granted in terms sought by the claimant, with costs orders as specified.
Legal Topics
Derivative Claims, Substitution of Parties, Costs Orders
Company Law Civil Procedure Derivative Claims Substitution of Parties Costs Orders

Case Brief

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Parties

Helen Mary Ross

Claimant

Andrew John Phillips

Defendant

HRP Complete Solutions (Kent) LLP

Defendant

HRP Complete Solutions LLP

Defendant

HRP Total Solutions Kent Ltd

Defendant

Zoe Jayne Phillips

Defendant

Procedural Posture

Derivative Claim / Application for Substitution of Party and Related Orders

Legal Issues

  1. 1 Whether Bond 58 Homes Limited should be substituted for the fifth defendant, Ms Phillips, in respect of certain property claims
  2. 2 Whether permission should be granted for a derivative claim against Bond 58 Homes Limited
  3. 3 How costs should be allocated for the application and related amendments

Ratio Decidendi

It is appropriate to substitute Bond 58 Homes Limited for Ms Phillips as legal owner of the properties, and to permit derivative claims against Bond 58 Homes Limited. Costs of the application are to be paid by Mr Phillips, but costs of future amendments and the fifth defendant's costs are reserved for determination at trial.

Court Disposition

Application granted in terms sought by the claimant, with costs orders as specified.

Orders

  • Bond 58 Homes Limited substituted for the fifth defendant, Ms Phillips, in respect of relevant claims.
  • Permission granted for derivative claim against Bond 58 Homes Limited.