Stein v Jaffe [2025] EWHC 1337 (Ch) (22 April 2025)

Stein v Jaffe [2025] EWHC 1337 (Ch) (22 April 2025)

The proposed amendments to the particulars of claim are not permitted in their current form because they lack sufficient particulars regarding the general characteristics of the claimant and the evidential basis for the claimed rates. The application is adjourned to allow the claimant to seek to rely on an alternative amendment limited to the general characteristics of the claimant.

Citation
[2025] EWHC 1337 (Ch)
Parties
Claimant: Mr Kirill Ace Stein; Defendant: Mr Eugene Jaffe
Jurisdiction
England and Wales
Judgment Date
22 April 2025
Procedural Posture
Civil (chancery) / Interlocutory Application to Amend Particulars of Claim at Pre Trial Review
Outcome
Application to amend particulars of claim adjourned.
Legal Topics
Breach of Trust, Equitable Compensation, Interest on Equitable Compensation, Amendment of Pleadings, Account of Profits
Equity Trusts Civil Procedure Breach of Trust Equitable Compensation Interest on Equitable Compensation Amendment of Pleadings Account of Profits

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Parties

Mr Kirill Ace Stein

Claimant

Mr Eugene Jaffe

Defendant

Procedural Posture

Civil (chancery) / Interlocutory Application to Amend Particulars of Claim at Pre Trial Review

Legal Issues

  1. 1 Whether the claimant should be permitted to amend the particulars of claim to plead alternative bases for interest and equitable compensation, including by reference to S&P 500 index performance and specific borrowing rates.
  2. 2 Whether the proposed amendments are sufficiently particularised, especially regarding the general characteristics of the claimant and the basis for the claimed rates.

Ratio Decidendi

The proposed amendments to the particulars of claim are not permitted in their current form because they lack sufficient particulars regarding the general characteristics of the claimant and the evidential basis for the claimed rates. The application is adjourned to allow the claimant to seek to rely on an alternative amendment limited to the general characteristics of the claimant.

Court Disposition

Application to amend particulars of claim adjourned.

Orders

  • Application to amend particulars of claim is adjourned to allow the claimant to seek to rely on an alternative amendment limited to the general characteristics of the claimant.