Colliver v Papworth & Anor [2021] EWHC 1450 (Ch) (28 May 2021)

Colliver v Papworth & Anor [2021] EWHC 1450 (Ch) (28 May 2021)

Permission is granted to the Defendants to amend their Defence to plead a binding agreement on 12 February 2010 and to rely on the Deed of Agreement and Release, including withdrawal of admissions, as the amendments have more than merely fanciful prospects of success and the balance of discretionary factors and overriding objective favour allowing the amendments. The factual and legal issues raised require determination at trial and cannot be resolved at this stage.

Citation
[2021] EWHC 1450 (Ch)
Parties
Claimant: Anthony Robert Colliver; Defendant: Jonathan Papworth; Defendant: Simon Charles Papworth
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Civil Business/property / Interlocutory Application for Permission to Amend Pleadings
Outcome
Defendants' application to amend Defence allowed; permission granted to withdraw admissions.
Legal Topics
Amendment of Pleadings, Release Clauses, Fraudulent Misrepresentation, Fiduciary Duties, Withdrawal of Admissions, Rescission, Settlement Agreements
Contract Law Company Law Equity Civil Procedure Amendment of Pleadings Release Clauses Fraudulent Misrepresentation Fiduciary Duties +3 more

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Parties

Anthony Robert Colliver

Claimant

Jonathan Papworth

Defendant

Simon Charles Papworth

Defendant

Procedural Posture

Civil Business/property / Interlocutory Application for Permission to Amend Pleadings

Legal Issues

  1. 1 Whether Defendants should be permitted to amend their Defence to plead a binding agreement on 12 February 2010 and rely on a Deed of Agreement and Release
  2. 2 Whether Claimant should be permitted to amend particulars of claim to plead fraudulent misrepresentation and rescission
  3. 3 Whether withdrawal of admissions (express and implied) should be allowed

Ratio Decidendi

Permission is granted to the Defendants to amend their Defence to plead a binding agreement on 12 February 2010 and to rely on the Deed of Agreement and Release, including withdrawal of admissions, as the amendments have more than merely fanciful prospects of success and the balance of discretionary factors and overriding objective favour allowing the amendments. The factual and legal issues raised require determination at trial and cannot be resolved at this stage.

Court Disposition

Defendants' application to amend Defence allowed; permission granted to withdraw admissions.

Orders

  • Defendants permitted to amend Defence as proposed.
  • Claimant's application to amend particulars of claim to be considered at subsequent hearing.