Leighton Contracting (Qatar) WLL v Simms & Ors

Leighton Contracting (Qatar) WLL v Simms & Ors

Permission to amend the application notice is granted because the applicant’s proposed amendment is sufficiently arguable, does not prejudice the respondents, and serves the overriding objective of just disposal. The chairman’s passive approach in not considering a higher value for the unliquidated debt is at least...

Source-derived case information.

Parties
Applicant: Leighton Contracting (Qatar) WLL; First Defendant: Richard Frank Simms; Second Defendant: Carolynn Jean Clark; Third Defendant: Rooflite Limited
Jurisdiction
England and Wales
Judgment Date
22 June 2011
Procedural Posture
Civil / Application for Permission to Amend Application Notice
Outcome
Permission to amend application notice granted
Legal Topics
Creditors' Voluntary Arrangement, Material Irregularity, Valuation of Claims, Amendment of Pleadings
Insolvency Civil Procedure Creditors' Voluntary Arrangement Material Irregularity Valuation of Claims Amendment of Pleadings

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Parties

Leighton Contracting (Qatar) WLL

Applicant

Richard Frank Simms

First Defendant

Carolynn Jean Clark

Second Defendant

Rooflite Limited

Third Defendant

Procedural Posture

Civil / Application for Permission to Amend Application Notice

Legal Issues

  1. 1 Whether permission should be granted to amend the application notice to advance an alternative case regarding the valuation of Leighton’s claim for voting purposes
  2. 2 Whether the chairman’s failure to value the unliquidated debt at more than £1 constitutes a material irregularity

Ratio Decidendi

Permission to amend the application notice is granted because the applicant’s proposed amendment is sufficiently arguable, does not prejudice the respondents, and serves the overriding objective of just disposal. The chairman’s passive approach in not considering a higher value for the unliquidated debt is at least arguably a material irregularity.

Court Disposition

Permission to amend application notice granted

Orders

  • Applicant granted leave to amend application notice as sought