Alam & Ors v Alam & Ors [2022] EWHC 2325 (Ch) (05 September 2022)

Alam & Ors v Alam & Ors [2022] EWHC 2325 (Ch) (05 September 2022)

Permission to amend is granted because the amendments do not cause delay or adjournment, any prejudice can be compensated by costs, and it is just and fair to allow the parties to clarify their case for adjudication.

Source-derived case information.

Citation
[2022] EWHC 2325 (Ch)
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 of Preliminary Issues
Outcome
Permission to amend particulars of claim granted
Legal Topics
Derivative Claims, Trusts, Share Ownership, Amendment of Pleadings, Declaratory Relief
Company Law Equity Civil Procedure Derivative Claims Trusts Share Ownership Amendment of Pleadings Declaratory Relief

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

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 of Preliminary Issues

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 or affect trial fairness

Ratio Decidendi

Permission to amend is granted because the amendments do not cause delay or adjournment, any prejudice can be compensated by costs, and it is just and fair to allow the parties to clarify their case for adjudication.

Court Disposition

Permission to amend particulars of claim granted

Orders

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