Pervez Alam & Ors. v Mohammed Arshad Alam & Ors.

Pervez Alam & Ors. v Mohammed Arshad Alam & Ors.

Permission to amend the particulars of claim is granted because the amendments do not cause delay or require adjournment, prejudice can be compensated by costs, and the court should allow latitude to ensure the real dispute is adjudicated.

Parties
Claimant: Mr Pervez Alam; Claimant: Mr Zahid Iqbal; Claimant: Mr Shahid Iqbal; Defendant: Mr Mohammed Arshad Alam; Defendant: Worldwide Foods Small Heath Limited; Defendant: Worldwide Foods Saltley Limited; Defendant: Worldwide Foods Sparkhill Limited; Defendant: Worldwide Foods (Birmingham) Limited
Jurisdiction
England and Wales
Judgment Date
05 September 2022
Procedural Posture
Derivative Claim / Application for Permission to Amend Particulars of Claim During Trial
Outcome
Permission to amend granted
Legal Topics
Amendment of Pleadings, Beneficial Ownership of Shares, Declaratory Relief, Resulting and Constructive Trusts, Costs Orders
Company Law Trusts Law Civil Procedure Amendment of Pleadings Beneficial Ownership of Shares Declaratory Relief Resulting and Constructive Trusts Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Pervez Alam

Claimant

Mr Zahid Iqbal

Claimant

Mr Shahid Iqbal

Claimant

Mr Mohammed Arshad Alam

Defendant

Worldwide Foods Small Heath Limited

Defendant

Worldwide Foods Saltley Limited

Defendant

Worldwide Foods Sparkhill Limited

Defendant

Worldwide Foods (Birmingham) Limited

Defendant

Procedural Posture

Derivative Claim / Application for Permission to Amend Particulars of Claim During Trial

Legal Issues

  1. 1 Whether permission should be granted to amend the particulars of claim to modify the summary and prayer for declaratory relief regarding share ownership
  2. 2 Whether the amendments prejudice the opposing party and can be compensated by costs
  3. 3 Whether procedural defects and credibility issues warrant refusal of permission

Ratio Decidendi

Permission to amend the particulars of claim is granted because the amendments do not cause delay or require adjournment, prejudice can be compensated by costs, and the court should allow latitude to ensure the real dispute is adjudicated.

Court Disposition

Permission to amend granted

Orders

  • Permission to amend particulars of claim granted
  • Dispensation with service unless requested