Bonnier Books UK Group Holdings Limited & Ors v Haysmacintyre LLP

Bonnier Books UK Group Holdings Limited & Ors v Haysmacintyre LLP

Permission to amend is refused for the proposed insertion of Section D(i) as it introduces a new and more extensive duty to report to PwC Stockholm, requiring significant new factual investigation unrelated to the facts already pleaded and outside the limitation period. Permission is granted for amendments to paragraphs 46 and 50, subject to refinement and proper particularisation, as they provide further particularisation of existing alleged breaches.

Parties
Claimant: Bonnier Books UK Group Holdings Limited (formerly Bonnier Publishing Limited); Claimant: Bonnier Media Limited; Claimant: Bonnier Zaffre Limited; Claimant: Bonnier Books UK Limited; Claimant: Igloo Books UK Limited; Defendant: Haysmacintyre LLP
Jurisdiction
England and Wales
Judgment Date
05 December 2022
Procedural Posture
Commercial Claim / Application for Permission to Amend Particulars of Claim
Outcome
Permission refused in part, granted in part
Legal Topics
Amendment of Pleadings, Limitation Period, Auditor Liability, Breach of Contract, Negligence
Civil Procedure Contract Law Tort Law Amendment of Pleadings Limitation Period Auditor Liability Breach of Contract Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bonnier Books UK Group Holdings Limited (formerly Bonnier Publishing Limited)

Claimant

Bonnier Media Limited

Claimant

Bonnier Zaffre Limited

Claimant

Bonnier Books UK Limited

Claimant

Igloo Books UK Limited

Claimant

Haysmacintyre LLP

Defendant

Procedural Posture

Commercial Claim / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to amend the particulars of claim to introduce new duties and allegations outside the limitation period
  2. 2 Whether the proposed amendments arise out of the same or substantially the same facts as the existing claim
  3. 3 Whether the court should exercise its discretion to allow the amendments

Ratio Decidendi

Permission to amend is refused for the proposed insertion of Section D(i) as it introduces a new and more extensive duty to report to PwC Stockholm, requiring significant new factual investigation unrelated to the facts already pleaded and outside the limitation period. Permission is granted for amendments to paragraphs 46 and 50, subject to refinement and proper particularisation, as they provide further particularisation of existing alleged breaches.

Court Disposition

Permission refused in part, granted in part

Orders

  • Permission refused for insertion of Section D(i)
  • Permission granted for amendment of paragraph 46