Pedriks & Anor v Grimaux

Pedriks & Anor v Grimaux

Permission granted for most amendments as they have some prospect of success and raise fact-sensitive issues suitable for trial; Second Claimant's claim dismissed as it makes no claim and is not necessary for cause of action or to bind to judgment; strike out of paragraphs 7-10 refused as they provide relevant factual background; permission granted for amendments relating to contractual account, fiduciary duties, Promissory Note, and alleged 2016 Agreement/Representation.

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 / Interlocutory Applications (permission to Amend, Strike Out, Summary Judgment)
Outcome
Permission granted for most amendments; Second Claimant's claim dismissed; strike out application refused; amendments relating to contractual account, fiduciary duties, Promissory Note, and alleged 2016 Agreement/Representation allowed.
Legal Topics
Amendment of Pleadings, Strike Out Applications, Summary Judgment, Fiduciary Duties, Contractual Account, Estoppel, Promissory Notes, Shareholder Disputes
Contract Law Company Law Equity Amendment of Pleadings Strike Out Applications Summary Judgment Fiduciary Duties Contractual Account +3 more

Case Brief

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Parties

Mr Markus Pedriks

Claimant

Ansomar Holdings Limited

Claimant

Mr Serge Grimaux

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Second Claimant should remain a party to the proceedings
  2. 2 Whether permission should be granted for amendments relating to contractual account
  3. 3 Whether the defendant owed fiduciary duties to the claimant

Ratio Decidendi

Permission granted for most amendments as they have some prospect of success and raise fact-sensitive issues suitable for trial; Second Claimant's claim dismissed as it makes no claim and is not necessary for cause of action or to bind to judgment; strike out of paragraphs 7-10 refused as they provide relevant factual background; permission granted for amendments relating to contractual account, fiduciary duties, Promissory Note, and alleged 2016 Agreement/Representation.

Court Disposition

Permission granted for most amendments; Second Claimant's claim dismissed; strike out application refused; amendments relating to contractual account, fiduciary duties, Promissory Note, and alleged 2016 Agreement/Representation allowed.

Orders

  • Permission granted for amendments to add paragraph 13B and new subparagraph (v) of the Prayer.
  • Permission granted for amendments at 13E, 13F, 21D, 21E, 24, 26.5-26.8 and 27.4-27.8.