Ventra Investments Ltd v Bank Of Scotland Plc

Ventra Investments Ltd v Bank Of Scotland Plc

The court refused to order disclosure of Grainger and Dickinson Dees documents as they were not within BOS's present control under the relevant legal and contractual framework. Permission to amend to add the Original Trades LIBOR claims was refused due to lateness, lack of justification, and the disproportionate...

Source-derived case information.

Parties
Claimant: Ventra Investments Limited; Defendant: Bank of Scotland Plc
Jurisdiction
England and Wales
Judgment Date
30 July 2019
Procedural Posture
Commercial Court Civil Action (interim Applications) / Ruling on Applications for Disclosure, Amendment, and Adjournment Prior to Trial
Outcome
Applications granted in part and refused in part; trial date maintained.
Legal Topics
Disclosure of Documents, Amendment of Pleadings, Adjournment of Trial, Agency and Vicarious Liability, Misrepresentation, Breach of Duty, Sale at Undervalue, LIBOR Manipulation
Banking and Finance Law Civil Procedure Insolvency Law Disclosure of Documents Amendment of Pleadings Adjournment of Trial Agency and Vicarious Liability Misrepresentation +3 more

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Parties

Ventra Investments Limited

Claimant

Bank of Scotland Plc

Defendant

Procedural Posture

Commercial Court Civil Action (interim Applications) / Ruling on Applications for Disclosure, Amendment, and Adjournment Prior to Trial

Legal Issues

  1. 1 Whether the defendant should be ordered to disclose documents held by third parties (Grainger and Dickinson Dees) allegedly within its control
  2. 2 Whether the claimant should be permitted to amend its pleadings to add further claims (Original Trades Amendments and Rescission Amendments)
  3. 3 Whether the trial date should be adjourned to accommodate further disclosure and amendments

Ratio Decidendi

The court refused to order disclosure of Grainger and Dickinson Dees documents as they were not within BOS's present control under the relevant legal and contractual framework. Permission to amend to add the Original Trades LIBOR claims was refused due to lateness, lack of justification, and the disproportionate impact on trial preparation. Permission to amend to claim rescission of the Replacement Trades was granted as it would not jeopardise the trial date and was proportionate. Several targeted requests for additional disclosure and further information were granted where they were relevant, proportionate, and necessary for the just disposal of the pleaded issues. The application to...

Court Disposition

Applications granted in part and refused in part; trial date maintained.

Orders

  • Permission granted to VIL to re-amend its Amended Particulars of Claim to plead rescission of the Replacement Trades.
  • Permission refused for the Original Trades Amendments and other amendment applications.