Cohen & Anor v Co-Operative Group Ltd & Ors [2025] EWHC 1892 (Ch) (29 July 2025)

Cohen & Anor v Co-Operative Group Ltd & Ors [2025] EWHC 1892 (Ch) (29 July 2025)

Permission to amend points of claim to plead a business sale as a going concern is refused. The proposed amendment constitutes a new cause of action outside the limitation period and does not arise from the same or substantially the same facts as the existing claim. The amendment is very late, threatens the trial...

Source-derived case information.

Citation
[2025] EWHC 1892 (Ch)
Parties
Applicant: Malcolm Cohen; Applicant: Shane Crooks; Respondent: Co-operative Group Limited; Respondent: Co-operative Group Food Limited; Respondent: Co-operative Foodstores Limited; Respondent: Rochpion Properties (4) LLP
Jurisdiction
England and Wales
Judgment Date
29 July 2025
Procedural Posture
Insolvency Application / Application for Permission to Amend Points of Claim
Outcome
Permission to amend refused
Legal Topics
Transaction at an Undervalue, Preference, Amendment of Pleadings, Limitation, Business Sale Agreement, Expert Evidence
Insolvency Civil Procedure Transaction at an Undervalue Preference Amendment of Pleadings Limitation Business Sale Agreement Expert Evidence

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Parties

Malcolm Cohen

Applicant

Shane Crooks

Applicant

Co-operative Group Limited

Respondent

Co-operative Group Food Limited

Respondent

Co-operative Foodstores Limited

Respondent

Rochpion Properties (4) LLP

Respondent

Procedural Posture

Insolvency Application / Application for Permission to Amend Points of Claim

Legal Issues

  1. 1 Whether permission should be granted to amend points of claim to allege sale of business as a going concern
  2. 2 Whether the proposed amendment is barred by limitation as a new cause of action
  3. 3 Whether the amendment is 'late' or 'very late' and threatens the trial date

Ratio Decidendi

Permission to amend points of claim to plead a business sale as a going concern is refused. The proposed amendment constitutes a new cause of action outside the limitation period and does not arise from the same or substantially the same facts as the existing claim. The amendment is very late, threatens the trial date, and is not properly particularised. The court has no jurisdiction to permit the amendment under CPR 17.4 and Limitation Act 1980 s.35.

Court Disposition

Permission to amend refused

Orders

  • Application for permission to amend points of claim dismissed
  • Application to adduce expert business valuation evidence dismissed