Patel & Anor v Patel & Ors

Patel & Anor v Patel & Ors

The defendants' amended defences do not comply with CPR rule 16.5 because they fail to plead to individual allegations of fact, do not give reasons for denials, and do not provide alternative versions of events where appropriate. The rules require more than a bare denial or a general statement of the nature of the defence. The court has power to order a revised defence to remedy these deficiencies.

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 Division) / Interlocutory Application for Further and Proper Pleadings (defence)
Outcome
Application granted in part
Legal Topics
Pleadings, Derivative Claims, Fiduciary Duties, Joint Venture Agreements, Constructive Trusts
Civil Procedure Company Law Equity and Trusts Pleadings Derivative Claims Fiduciary Duties Joint Venture Agreements Constructive Trusts

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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 Division) / Interlocutory Application for Further and Proper Pleadings (defence)

Legal Issues

  1. 1 Whether the defendants' amended defences comply with CPR rule 16.5
  2. 2 Whether the court should order further and proper pleadings or further information under CPR 18
  3. 3 Whether any order should be made on an 'unless' basis

Ratio Decidendi

The defendants' amended defences do not comply with CPR rule 16.5 because they fail to plead to individual allegations of fact, do not give reasons for denials, and do not provide alternative versions of events where appropriate. The rules require more than a bare denial or a general statement of the nature of the defence. The court has power to order a revised defence to remedy these deficiencies.

Court Disposition

Application granted in part

Orders

  • Defendants Ashank Patel, Mohammed Babar Iqbal, and Equity Real Estate (Aries) Limited must file revised defences properly pleading to the relevant allegations, stating whether each is admitted, denied, or required to be proved, and giving reasons for any denials, including alternative versions of events if relied upon.
  • No 'unless' order made.