Pedriks & Anor v Grimaux [2019] EWHC 2165 (QB) (14 August 2019)

Pedriks & Anor v Grimaux [2019] EWHC 2165 (QB) (14 August 2019)

Permission to amend was granted in respect of claims for a contractual account, fiduciary duties, the Promissory Note, and the 2016 Agreement, as these amendments had at least some prospect of success and raised factual and legal issues for trial. The Second Claimant, Ansomar Holdings Limited, was dismissed as a...

Source-derived case information.

Citation
[2019] EWHC 2165
Parties
Claimant: Mr Markus Pedriks; Claimant: Ansomar Holdings Limited; Defendant: Mr Serge Grimaux
Jurisdiction
England and Wales
Judgment Date
14 August 2019
Procedural Posture
Civil (contract/commercial) / Interlocutory Applications (permission to Amend, Strike Out, Summary Judgment)
Outcome
Claimants' application to amend allowed in part; Defendant's application to strike out and for summary judgment refused; Second Claimant dismissed as party.
Legal Topics
Amendment of Pleadings, Strike Out Applications, Summary Judgment, Fiduciary Duties, Shareholder Disputes, Settlement Agreements, Estoppel, Accounting and Inquiries, Without Prejudice Privilege
Contract Law Equity and Trusts Company Law Civil Procedure Amendment of Pleadings Strike Out Applications Summary Judgment Fiduciary Duties +5 more

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Parties

Mr Markus Pedriks

Claimant

Ansomar Holdings Limited

Claimant

Mr Serge Grimaux

Defendant

Procedural Posture

Civil (contract/commercial) / Interlocutory Applications (permission to Amend, Strike Out, Summary Judgment)

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim as sought by the Claimants
  2. 2 Whether parts of the Particulars of Claim should be struck out or summary judgment granted for the Defendant
  3. 3 Whether the Defendant owed fiduciary duties to the Claimant as a shareholder

Ratio Decidendi

Permission to amend was granted in respect of claims for a contractual account, fiduciary duties, the Promissory Note, and the 2016 Agreement, as these amendments had at least some prospect of success and raised factual and legal issues for trial. The Second Claimant, Ansomar Holdings Limited, was dismissed as a party as it made no claim or sought relief. The Defendant's application to strike out background paragraphs was refused as the material was not clearly irrelevant and factual disputes remained. The applications for strike out and summary judgment were refused as the claims were not bound to fail and required trial of factual issues.

Court Disposition

Claimants' application to amend allowed in part; Defendant's application to strike out and for summary judgment refused; Second Claimant dismissed as party.

Orders

  • Permission granted for amendments to add claims for contractual account, fiduciary duties, Promissory Note, and 2016 Agreement.
  • Permission refused for amendments maintaining Second Claimant as party.