UNICREDIT BANK A.G. v EURONAV N.V.

UNICREDIT BANK A.G. v EURONAV N.V.

The 14 January Consent Order did not permit liability amendments sought by Euronav, only consequential amendments on quantum. Euronav failed to justify the lateness of its application for further amendments, as the new case could have been advanced earlier and would prejudice UniCredit's trial preparations. The balance of justice lies in refusing permission for the proposed amendments.

Parties
Claimant: UniCredit Bank A. G.; Defendant: Euronav N. V.
Jurisdiction
England and Wales
Judgment Date
15 March 2022
Procedural Posture
Commercial Claim / Pre Trial Review; Application to Amend Defence
Outcome
Application for permission to amend refused.
Legal Topics
Amendment of Pleadings, Consent Orders, Disclosure, Late Amendments, Misdelivery of Cargo, Damages Quantification
Commercial Law Contract Law Civil Procedure Amendment of Pleadings Consent Orders Disclosure Late Amendments Misdelivery of Cargo +1 more

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Parties

UniCredit Bank A. G.

Claimant

Euronav N. V.

Defendant

Procedural Posture

Commercial Claim / Pre Trial Review; Application to Amend Defence

Legal Issues

  1. 1 Whether proposed amendments to Defence are permitted under the 14 January Consent Order
  2. 2 Whether permission should be granted for late amendments to Defence

Ratio Decidendi

The 14 January Consent Order did not permit liability amendments sought by Euronav, only consequential amendments on quantum. Euronav failed to justify the lateness of its application for further amendments, as the new case could have been advanced earlier and would prejudice UniCredit's trial preparations. The balance of justice lies in refusing permission for the proposed amendments.

Court Disposition

Application for permission to amend refused.

Orders

  • The 14 January Consent Order does not permit the liability amendments sought by Euronav.
  • Permission for late amendments to Defence is refused.