Patel & Anor v Patel & Ors [2019] EWHC 2643 (Ch) (26 September 2019)

Patel & Anor v Patel & Ors [2019] EWHC 2643 (Ch) (26 September 2019)

Defendants must plead to each individual factual allegation in the particulars of claim, stating whether it is admitted, denied (with reasons), or required to be proved, even if they advance a complete defence. Bare denials without reasons are non-compliant with CPR 16.5. The court may order a revised defence to cure such defects.

Citation
[2019] EWHC 2643 (Ch)
Parties
Claimant: Alpesh Patel; Claimant: Bishops Walk Developments Limited; Defendant: Ashank Patel; Defendant: Mohammed Babar Iqbal; Defendant: Fourstream Capital Limited; Defendant: Equity Real Estate (Aries) Limited
Jurisdiction
England and Wales
Judgment Date
26 September 2019
Procedural Posture
Civil Chancery / Interlocutory Application for Further and Better Particulars / Amended Defence
Outcome
Application granted in part
Legal Topics
Pleading Requirements, Derivative Claims, Fiduciary Duties, Joint Venture Disputes, Constructive Trust, Knowing Receipt
Civil Procedure Company Law Equity Pleading Requirements Derivative Claims Fiduciary Duties Joint Venture Disputes Constructive Trust +1 more

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Alpesh Patel

Claimant

Bishops Walk Developments Limited

Claimant

Ashank Patel

Defendant

Mohammed Babar Iqbal

Defendant

Fourstream Capital Limited

Defendant

Equity Real Estate (Aries) Limited

Defendant

Procedural Posture

Civil Chancery / Interlocutory Application for Further and Better Particulars / Amended Defence

Legal Issues

  1. 1 Whether the defendants' amended defences comply with CPR rule 16.5
  2. 2 Whether further particulars or amended defences should be ordered
  3. 3 Whether the order should be made on an 'unless' basis

Ratio Decidendi

Defendants must plead to each individual factual allegation in the particulars of claim, stating whether it is admitted, denied (with reasons), or required to be proved, even if they advance a complete defence. Bare denials without reasons are non-compliant with CPR 16.5. The court may order a revised defence to cure such defects.

Court Disposition

Application granted in part

Orders

  • Defendants Ashank Patel, Mohammed Babar Iqbal, and Equity Real Estate (Aries) Limited must file and serve revised defences compliant with CPR 16.5, pleading to the specified allegations with reasons for any denials.
  • No 'unless' order made at this stage.