Libyan Investment Authority & Ors v King & Ors [2020] EWHC 440 (Ch) (26 February 2020)

Libyan Investment Authority & Ors v King & Ors [2020] EWHC 440 (Ch) (26 February 2020)

The court held that the proposed amendments to the claim form and particulars of claim arise out of the same or substantially the same facts as previously pleaded, and the defendants have already investigated these facts. Therefore, the amendments are permitted under s.35 Limitation Act 1980 and CPR r.17.4. The claims are not limitation barred and do not constitute an abuse of process.

Citation
[2020] EWHC 440 (Ch)
Parties
Claimant: Libyan Investment Authority; Claimant: LIA Advisory Services (UK) Limited; Claimant: Maplecross Holdings Investment Company Limited; Defendant: Roger Milner King; Defendant: International Group Limited; Defendant: Beeson Property Investments Limited; Defendant: Stoke Park Estates; Defendant: Charles Montgomery Merry; Defendant: Conrad Strategic Partners Limited
Jurisdiction
England and Wales
Judgment Date
26 February 2020
Procedural Posture
Commercial Civil Litigation / Application for Permission to Amend Claim Form and Particulars of Claim
Outcome
Application for permission to amend claim form and particulars of claim granted
Legal Topics
Deceit, Breach of Fiduciary Duty, Dishonest Assistance, Unlawful Means Conspiracy, Limitation, Agency
Commercial Law Equity Tort Deceit Breach of Fiduciary Duty Dishonest Assistance Unlawful Means Conspiracy Limitation +1 more

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Parties

Libyan Investment Authority

Claimant

LIA Advisory Services (UK) Limited

Claimant

Maplecross Holdings Investment Company Limited

Claimant

Roger Milner King

Defendant

International Group Limited

Defendant

Beeson Property Investments Limited

Defendant

Stoke Park Estates

Defendant

Charles Montgomery Merry

Defendant

Conrad Strategic Partners Limited

Defendant

Procedural Posture

Commercial Civil Litigation / Application for Permission to Amend Claim Form and Particulars of Claim

Legal Issues

  1. 1 Whether the claimants may amend their claim form and particulars of claim to introduce new causes of action after expiry of limitation period
  2. 2 Whether the proposed amendments arise out of the same or substantially the same facts as previously pleaded
  3. 3 Whether the new claims are limitation barred

Ratio Decidendi

The court held that the proposed amendments to the claim form and particulars of claim arise out of the same or substantially the same facts as previously pleaded, and the defendants have already investigated these facts. Therefore, the amendments are permitted under s.35 Limitation Act 1980 and CPR r.17.4. The claims are not limitation barred and do not constitute an abuse of process.

Court Disposition

Application for permission to amend claim form and particulars of claim granted

Orders

  • Claimants granted permission to amend claim form and particulars of claim in the form of the Re-Amended Claim Form and Re-Re-Amended Particulars of Claim
  • Defendants to file Defence to amended claim