Palmali Shipping SA v Litasco SA

Palmali Shipping SA v Litasco SA

Palmali's conduct in advancing the original damages claim does not reach the threshold of dishonesty or abuse of process required to justify striking out the claim; a fair trial remains possible, and permission to amend the Particulars of Claim is granted.

Parties
Claimant: Palmali Shipping SA; Defendant: Litasco SA
Jurisdiction
England and Wales
Judgment Date
06 May 2021
Procedural Posture
Commercial Court (qbd) / Application for Permission to Amend Particulars of Claim
Outcome
Permission to amend Particulars of Claim granted.
Legal Topics
Permission to Amend Pleadings, Strike Out for Abuse of Process, Damages Quantification, Dishonest Claims, Disclosure Obligations
Civil Procedure Contract Law Permission to Amend Pleadings Strike Out for Abuse of Process Damages Quantification Dishonest Claims Disclosure Obligations

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Parties

Palmali Shipping SA

Claimant

Litasco SA

Defendant

Procedural Posture

Commercial Court (qbd) / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether Palmali is entitled to permission to amend its Particulars of Claim to advance a reduced damages claim
  2. 2 Whether Palmali's conduct in advancing the original damages claim warrants striking out the claim for abuse of process
  3. 3 Whether a fair trial remains possible given Palmali's conduct

Ratio Decidendi

Palmali's conduct in advancing the original damages claim does not reach the threshold of dishonesty or abuse of process required to justify striking out the claim; a fair trial remains possible, and permission to amend the Particulars of Claim is granted.

Court Disposition

Permission to amend Particulars of Claim granted.

Orders

  • Palmali may amend Particulars of Claim in the form of the draft produced to the court, including Annex 3.
  • Parties to list a Case Management Conference (CMC) expeditiously.