Diamandis v Wills & Anor [2015] EWHC 312 (Ch) (13 February 2015)

Diamandis v Wills & Anor [2015] EWHC 312 (Ch) (13 February 2015)

Permission to re-amend is granted in respect of the contract claim based on a demand for payment made in July 2010 for services rendered on or after 25 July 2008, as this claim is sufficiently pleaded and not time-barred. Permission to re-amend is refused for the contract claim based solely on the Defendants'...

Source-derived case information.

Citation
[2015] EWHC 312 (Ch)
Parties
Claimant: Michael Agapios Diamandis; Defendant: Sir David Seton Wills; Defendant: James Seton Wills
Jurisdiction
England and Wales
Judgment Date
13 February 2015
Procedural Posture
High Court Chancery Division Appeal and Application to Amend / Appeal From Interlocutory Orders and Application to Re Amend Particulars of Claim
Outcome
Application to re-amend allowed in part; appeal dismissed except as to costs; permission to re-amend granted for claims relating to services on or after 25 July 2008; otherwise refused.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Quantum Meruit, Restitution, Summary Judgment, Strike Out Applications
Contract Law Civil Procedure Amendment of Pleadings Limitation of Actions Quantum Meruit Restitution Summary Judgment Strike Out Applications

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Parties

Michael Agapios Diamandis

Claimant

Sir David Seton Wills

Defendant

James Seton Wills

Defendant

Procedural Posture

High Court Chancery Division Appeal and Application to Amend / Appeal From Interlocutory Orders and Application to Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether permission should be granted to re-amend the particulars of claim to plead contract and restitution claims
  2. 2 Whether the contract claim as pleaded has a real prospect of success
  3. 3 Whether the restitution claims are properly pleaded and sustainable in law

Ratio Decidendi

Permission to re-amend is granted in respect of the contract claim based on a demand for payment made in July 2010 for services rendered on or after 25 July 2008, as this claim is sufficiently pleaded and not time-barred. Permission to re-amend is refused for the contract claim based solely on the Defendants' ability to pay, as it is inadequately pleaded and has no real prospect of success. The restitutionary claims are permitted to proceed for services rendered on or after 25 July 2008, as they are sufficiently pleaded and not time-barred. Amendments relating to claims for services before 25 July 2008 are not permitted due to limitation issues.

Court Disposition

Application to re-amend allowed in part; appeal dismissed except as to costs; permission to re-amend granted for claims relating to services on or after 25 July 2008; otherwise refused.

Orders

  • Permission to re-amend particulars of claim in the form of POC 5 granted for claims accruing on or after 25 July 2008.
  • Permission to re-amend refused for claims accruing before 25 July 2008.