RR UK (South) Limited v Firstsource Solutions UK Limited

RR UK (South) Limited v Firstsource Solutions UK Limited

The defendant is not permitted to advance any positive case regarding the payment to the fraudster, including arguments based on agency or otherwise, because no such case was pleaded, no application to amend was made, and allowing it now would prejudice the claimant and conflict with the overriding objective.

Parties
Claimant: RR UK (SOUTH) LIMITED; Defendant: FIRSTSOURCE SOLUTIONS UK LIMITED
Jurisdiction
England and Wales
Judgment Date
15 April 2026
Procedural Posture
Civil / Preliminary Point Judgment
Outcome
application to revise list of issues refused; defendant barred from advancing positive case on payment to fraudster
Legal Topics
Break Clause, Agency, Fraud, Pleadings, Case Management
Property Law Contract Law Civil Procedure Break Clause Agency Fraud Pleadings Case Management

Case Brief

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Parties

RR UK (SOUTH) LIMITED

Claimant

FIRSTSOURCE SOLUTIONS UK LIMITED

Defendant

Procedural Posture

Civil / Preliminary Point Judgment

Legal Issues

  1. 1 Whether the defendant can argue that payment to a fraudster was a good payment in law under the circumstances
  2. 2 Whether the list of issues should be revised to allow the defendant to advance a positive case on agency or related grounds

Ratio Decidendi

The defendant is not permitted to advance any positive case regarding the payment to the fraudster, including arguments based on agency or otherwise, because no such case was pleaded, no application to amend was made, and allowing it now would prejudice the claimant and conflict with the overriding objective.

Court Disposition

application to revise list of issues refused; defendant barred from advancing positive case on payment to fraudster

Orders

  • Defendant not permitted to advance any positive case in relation to the payment to the fraudster, whether by way of agency or otherwise.