Contra Holdings Ltd v M J C Bamford

Contra Holdings Ltd v M J C Bamford

Permission to amend is refused because the proposed fraud allegation lacks conviction, is inconsistent with the evidence and prior pleadings, was expressly disavowed at the hearing, and there are no exceptional or satisfactory reasons for the late application after judgment.

Parties
Claimant: Contra Holdings Ltd; Defendant: Mr M J C Bamford
Jurisdiction
England and Wales
Judgment Date
28 September 2022
Procedural Posture
Commercial Court Application / Application for Permission to Amend After Judgment
Outcome
Permission to amend refused
Legal Topics
Amendment of Pleadings, Fraud Allegations, Summary Judgment, Strike Out Applications, Discretionary Powers of the Court
Civil Procedure Commercial Law Amendment of Pleadings Fraud Allegations Summary Judgment Strike Out Applications Discretionary Powers of the Court

Case Brief

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Parties

Contra Holdings Ltd

Claimant

Mr M J C Bamford

Defendant

Procedural Posture

Commercial Court Application / Application for Permission to Amend After Judgment

Legal Issues

  1. 1 Whether permission should be granted to amend pleadings to allege fraud after judgment has been given
  2. 2 Whether there are exceptional or satisfactory reasons for a late amendment
  3. 3 Whether the proposed amendment has a real prospect of success

Ratio Decidendi

Permission to amend is refused because the proposed fraud allegation lacks conviction, is inconsistent with the evidence and prior pleadings, was expressly disavowed at the hearing, and there are no exceptional or satisfactory reasons for the late application after judgment.

Court Disposition

Permission to amend refused

Orders

  • Permission to amend the pleadings to allege fraud is refused