Lygoe & Ors

Lygoe & Ors

The district judge was correct not to strike out the claim against Nicholas Lygoe at this stage and to direct that full pleadings be provided. The proposed amendments to add claims of unlawful means conspiracy and dishonest assistance in relation to the Maplehorn loan arise out of the same or substantially the same facts as the existing claims and are therefore allowed under CPR 17.4.

Parties
Appellant: Sandra Rene Lygoe; Appellant: Nicholas Lygoe; Appellant: Lexoco Limited; Respondent: Stephen John Hunt
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Strike Out and Amendment Application
Outcome
appeal dismissed in part, allowed in part
Legal Topics
Transactions Defrauding Creditors, Dishonest Assistance, Unlawful Means Conspiracy, Amendment of Pleadings, Limitation of Actions
Insolvency Law Civil Procedure Transactions Defrauding Creditors Dishonest Assistance Unlawful Means Conspiracy Amendment of Pleadings Limitation of Actions

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Parties

Sandra Rene Lygoe

Appellant

Nicholas Lygoe

Appellant

Lexoco Limited

Appellant

Stephen John Hunt

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Strike Out and Amendment Application

Legal Issues

  1. 1 Whether the claim against Nicholas Lygoe for dishonest assistance was adequately pleaded and should be struck out
  2. 2 Whether the district judge erred in allowing amendment to add claims of unlawful means conspiracy and dishonest assistance in relation to the Maplehorn loan
  3. 3 Whether the proposed amendments were statute-barred and if they arose out of the same or substantially the same facts as the existing claims

Ratio Decidendi

The district judge was correct not to strike out the claim against Nicholas Lygoe at this stage and to direct that full pleadings be provided. The proposed amendments to add claims of unlawful means conspiracy and dishonest assistance in relation to the Maplehorn loan arise out of the same or substantially the same facts as the existing claims and are therefore allowed under CPR 17.4.

Court Disposition

appeal dismissed in part, allowed in part

Orders

  • Strike out application dismissed; claim not struck out against Nicholas Lygoe
  • Amendments to add claims of unlawful means conspiracy and dishonest assistance in relation to the Maplehorn loan allowed