Trafigura PTE Ltd & Anor v Prateek Gupta & Ors
The prejudice to the PT Defendants from refusing the amendments is outweighed by the prejudice to Trafigura and the risk to the trial date if the amendments were allowed. The amendments are late, would require significant additional disclosure and witness evidence, and are vague in their particulars. The PT Defendants did not discharge the heavy burden required to justify very late amendments.
- Parties
- Claimant: Trafigura Pte. Ltd.; Claimant: Trafigura India Pvt. Ltd.; Defendant: Prateek Gupta; Defendant: UIL (Singapore) Pte. Ltd.; Defendant: UIL Malaysia Ltd.; Defendant: TMT Metals A.G., Zug; Defendant: TMT Metals (UK) Ltd.; Defendant: Spring Metal Ltd.; Defendant: Mine Craft Ltd.; Defendant: New Alloys Trading Pte. Ltd.
- Jurisdiction
- England and Wales
- Judgment Date
- 26 June 2025
- Procedural Posture
- Commercial Fraud Claim / Interlocutory Application to Amend Defence
- Outcome
- Application for permission to amend Defence (Disputed Amendments) refused
- Legal Topics
- Amendment of Pleadings, Disclosure, Fraud, Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Trafigura Pte. Ltd.
Claimant
Trafigura India Pvt. Ltd.
Claimant
Prateek Gupta
Defendant
UIL (Singapore) Pte. Ltd.
Defendant
UIL Malaysia Ltd.
Defendant
TMT Metals A.G., Zug
Defendant
TMT Metals (UK) Ltd.
Defendant
Spring Metal Ltd.
Defendant
Mine Craft Ltd.
Defendant
New Alloys Trading Pte. Ltd.
Defendant
Procedural Posture
Commercial Fraud Claim / Interlocutory Application to Amend Defence
Legal Issues
- 1 Whether to grant permission for the PT Defendants to make the Disputed Amendments to their Defence
- 2 Whether the amendments are late and if so, whether justice requires they be allowed
Ratio Decidendi
The prejudice to the PT Defendants from refusing the amendments is outweighed by the prejudice to Trafigura and the risk to the trial date if the amendments were allowed. The amendments are late, would require significant additional disclosure and witness evidence, and are vague in their particulars. The PT Defendants did not discharge the heavy burden required to justify very late amendments.
Court Disposition
Application for permission to amend Defence (Disputed Amendments) refused
Orders
- Permission to make the Disputed Amendments is refused
Full Case Text
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