LBI HF v Stanford

LBI HF v Stanford

The application to amend was late, inadequately explained, and would prejudice the trial date. The material relied upon was available earlier. The respondent's undertaking allows the applicant to pursue the fraud claim in Iceland without disrupting the English proceedings. The balance of prejudice favours refusing permission to amend.

Parties
Claimant: LBI HF (formerly known as Landsbanki Islands hf); Defendant: Kevin Gerald Stanford; Part 20 Defendant: Landsbanki Luxembourg SA (In Liquidation)
Jurisdiction
England and Wales
Judgment Date
05 September 2014
Procedural Posture
Civil / Interlocutory Application (permission to Amend Defence and Counterclaim)
Outcome
Application for permission to amend dismissed. Costs awarded to claimant.
Legal Topics
Amendment of Pleadings, Fraud Allegations, Mortgage Possession, Insolvency Set Off, Foreign Law (icelandic Insolvency)
Civil Procedure Banking Law Insolvency Law Amendment of Pleadings Fraud Allegations Mortgage Possession Insolvency Set Off Foreign Law (icelandic Insolvency)

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Parties

LBI HF (formerly known as Landsbanki Islands hf)

Claimant

Kevin Gerald Stanford

Defendant

Landsbanki Luxembourg SA (In Liquidation)

Part 20 Defendant

Procedural Posture

Civil / Interlocutory Application (permission to Amend Defence and Counterclaim)

Legal Issues

  1. 1 Whether permission should be granted to amend the defence and counterclaim to plead fraud against LBI
  2. 2 Whether the application to amend was made late and with adequate explanation
  3. 3 Potential prejudice to both parties from allowing or refusing the amendment

Ratio Decidendi

The application to amend was late, inadequately explained, and would prejudice the trial date. The material relied upon was available earlier. The respondent's undertaking allows the applicant to pursue the fraud claim in Iceland without disrupting the English proceedings. The balance of prejudice favours refusing permission to amend.

Court Disposition

Application for permission to amend dismissed. Costs awarded to claimant.

Orders

  • Application to amend dismissed
  • Mr. Stanford to pay claimant's costs of the application, including costs reserved by Warren J