London Borough of Croydon v Oasis Community Learning [2023] EWHC 2 (Ch) (04 January 2023)

London Borough of Croydon v Oasis Community Learning [2023] EWHC 2 (Ch) (04 January 2023)

The proposed amendment introduces a new cause of action concerning a different decision and process than previously pleaded, would require investigation of new factual matters, and does not arise out of the same or substantially the same facts as the existing claim. It is reasonably arguable that the amendment is time-barred under section 21(3) of the Limitation Act 1980 as a claim by a beneficiary for breach of trust. Accordingly, the amendment is not permitted.

Citation
[2023] EWHC 2 (Ch)
Parties
Claimant: The Mayor and Burgesses of the London Borough of Croydon; Defendant: Oasis Community Learning
Jurisdiction
England and Wales
Judgment Date
04 January 2023
Procedural Posture
Pension Debt Proceedings With Counterclaim and Application to Amend Defence/counterclaim / Application to Amend Defence and Counterclaim, Opposed in Part, Judgment on Amendment
Outcome
Application to amend dismissed (save for unopposed parts)
Legal Topics
Amendment of Pleadings, Limitation of Actions, Fiduciary Duties of Public Bodies, Local Government Pension Scheme, Counterclaims, Procedural Fairness
Pensions Public Law Equity and Trusts Civil Procedure Amendment of Pleadings Limitation of Actions Fiduciary Duties of Public Bodies Local Government Pension Scheme +2 more

Case Brief

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Parties

The Mayor and Burgesses of the London Borough of Croydon

Claimant

Oasis Community Learning

Defendant

Procedural Posture

Pension Debt Proceedings With Counterclaim and Application to Amend Defence/counterclaim / Application to Amend Defence and Counterclaim, Opposed in Part, Judgment on Amendment

Legal Issues

  1. 1 Whether the defendant's proposed amendment to its defence and counterclaim is time-barred under the Limitation Act 1980
  2. 2 Whether the amendment introduces a new cause of action
  3. 3 Whether the new cause of action arises out of the same or substantially the same facts as the existing claim

Ratio Decidendi

The proposed amendment introduces a new cause of action concerning a different decision and process than previously pleaded, would require investigation of new factual matters, and does not arise out of the same or substantially the same facts as the existing claim. It is reasonably arguable that the amendment is time-barred under section 21(3) of the Limitation Act 1980 as a claim by a beneficiary for breach of trust. Accordingly, the amendment is not permitted.

Court Disposition

Application to amend dismissed (save for unopposed parts)

Orders

  • Defendant's application to amend defence and counterclaim is dismissed except to the extent consented to by the claimant.
  • Defendant may issue a new claim if it wishes, with limitation to be determined in those proceedings.