Seaton & Ors v

Seaton & Ors v

Claims against Woolf Seddon are statute-barred, allegations of fraud lack factual basis, amendments introduce new causes of action after limitation period, and claimants failed to establish continuous disability to suspend limitation.

Parties
Claimant: Dennis Michael Seaton; Claimant: Michael Grant; Claimant: Kelvin Grant; Claimant: Frederick Waite Junior (aka Junior Waite); Claimant: Brenda Dickens (as Personal Representative of the Estate of Patrick Waite); Defendant: Anthony Seddon; Defendant: Paul Woolf; Defendant: Anthony Paul Cunningham; Defendant: David Patrick Irving; Defendant: Mohammed Yusef; Defendant: Lloyd Ferguson; Defendant: Fitzroy Simpson; Defendant: Sparta Florida Music Group Limited; Defendant: Music Sales Limited; Defendant: Universal/Island Music Limited; Defendant: Rydim Music Limited; Defendant: EMI Melodies Limited; Defendant: G Minor Music; Defendant: Strictly Rockers Music; Defendant: Eaton Music Limited
Jurisdiction
England and Wales
Judgment Date
23 March 2012
Procedural Posture
Civil / Ruling on Summary Judgment and Application to Amend Particulars of Claim
Outcome
Summary judgment granted for Woolf Seddon; permission to amend particulars of claim refused as regards Woolf Seddon; partial permission to amend as regards other defendants.
Legal Topics
Limitation of Actions, Professional Negligence, Breach of Trust, Fraud, Misrepresentation, Unlawful Means, Conspiracy, Knowing Receipt, Dishonest Assistance
Civil Procedure Trusts and Fiduciary Law Copyright Law Limitation of Actions Professional Negligence Breach of Trust Fraud Misrepresentation +4 more

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Parties

Dennis Michael Seaton

Claimant

Michael Grant

Claimant

Kelvin Grant

Claimant

Frederick Waite Junior (aka Junior Waite)

Claimant

Brenda Dickens (as Personal Representative of the Estate of Patrick Waite)

Claimant

Anthony Seddon

Defendant

Paul Woolf

Defendant

Anthony Paul Cunningham

Defendant

David Patrick Irving

Defendant

Mohammed Yusef

Defendant

Lloyd Ferguson

Defendant

Fitzroy Simpson

Defendant

Sparta Florida Music Group Limited

Defendant

Music Sales Limited

Defendant

Universal/Island Music Limited

Defendant

Rydim Music Limited

Defendant

EMI Melodies Limited

Defendant

G Minor Music

Defendant

Strictly Rockers Music

Defendant

Eaton Music Limited

Defendant

Procedural Posture

Civil / Ruling on Summary Judgment and Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether claims against Woolf Seddon for breach of fiduciary duty, trust, fraud, misrepresentation, unlawful means, conspiracy, knowing receipt, and dishonest assistance are time-barred
  2. 2 Whether claimants may amend particulars of claim to introduce new causes of action
  3. 3 Whether the fourth claimant's alleged mental incapacity suspends limitation period

Ratio Decidendi

Claims against Woolf Seddon are statute-barred, allegations of fraud lack factual basis, amendments introduce new causes of action after limitation period, and claimants failed to establish continuous disability to suspend limitation.

Court Disposition

Summary judgment granted for Woolf Seddon; permission to amend particulars of claim refused as regards Woolf Seddon; partial permission to amend as regards other defendants.

Orders

  • Summary judgment for Woolf Seddon on all claims.
  • Permission to amend particulars of claim against Woolf Seddon refused.