Silversafe Ltd & Anor v Hood & Ors

Silversafe Ltd & Anor v Hood & Ors

Permission to re-amend the Particulars of Claim is granted because the amendments sufficiently clarify the claims, the pleadings are adequate at this stage given the need for further disclosure, and objections regarding oppression, proportionality, and admissibility of evidence are not substantiated. The evidence from HMRC/Spanish authorities is admissible, and similar fact evidence may be relied upon subject to further review after disclosure.

Parties
Claimant: Silversafe Ltd (in liquidation); Claimant: Timothy James Bramston; Defendant: David Hood; Defendant: Tattershall Inversiones SL; Defendant: Paula Burnett; Defendant: Wildtower Ltd; Defendant: Keepbyte Ltd; Defendant: Iqbal Public Ltd
Jurisdiction
England and Wales
Judgment Date
25 July 2006
Procedural Posture
Civil / Interlocutory Application—application to Re Amend Particulars of Claim and Strike Out Application
Outcome
Application to re-amend Particulars of Claim granted.
Legal Topics
MTIC VAT Fraud, Constructive Trust, Knowing Receipt, Money Had and Received, Conspiracy, Pleading Fraud, Disclosure, Admissibility of Evidence
Insolvency Commercial Law Equity and Trusts Tax Law MTIC VAT Fraud Constructive Trust Knowing Receipt Money Had and Received +4 more

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Parties

Silversafe Ltd (in liquidation)

Claimant

Timothy James Bramston

Claimant

David Hood

Defendant

Tattershall Inversiones SL

Defendant

Paula Burnett

Defendant

Wildtower Ltd

Defendant

Keepbyte Ltd

Defendant

Iqbal Public Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application—application to Re Amend Particulars of Claim and Strike Out Application

Legal Issues

  1. 1 Whether the Claimants should be granted permission to re-amend the Particulars of Claim against the Second Defendant
  2. 2 Whether the pleadings sufficiently particularise allegations of fraud
  3. 3 Whether similar fact evidence is admissible at this stage

Ratio Decidendi

Permission to re-amend the Particulars of Claim is granted because the amendments sufficiently clarify the claims, the pleadings are adequate at this stage given the need for further disclosure, and objections regarding oppression, proportionality, and admissibility of evidence are not substantiated. The evidence from HMRC/Spanish authorities is admissible, and similar fact evidence may be relied upon subject to further review after disclosure.

Court Disposition

Application to re-amend Particulars of Claim granted.

Orders

  • Permission granted to Claimants to re-amend the Particulars of Claim in the form of the draft.
  • Timetable for further proceedings to be considered in light of this decision.