Diamandis v Wills & Anor

Diamandis v Wills & Anor

Permission to re-amend is granted for the contract claim based on demand/afford for all services supplied, as the amendments are sufficiently pleaded and arise out of substantially the same facts; permission is refused for the 'afford only' contract claim and for restitution claims relating to services before 25 July 2008, as they are either inadequately pleaded, unsustainable in law, or do not arise out of the same facts and are arguably time-barred.

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
Civil / Ruling on Appeal and Application to Re Amend Particulars of Claim
Outcome
Permission to re-amend granted in part; appeal disposed subject to further submissions on costs and consequential matters.
Legal Topics
Amendment of Pleadings, Limitation of Actions, Quantum Meruit, Illegality in Contracts, Summary Judgment, Strike Out Applications
Contract Law Restitution Civil Procedure Amendment of Pleadings Limitation of Actions Quantum Meruit Illegality in Contracts Summary Judgment +1 more

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Parties

Michael Agapios Diamandis

Claimant

Sir David Seton Wills

Defendant

James Seton Wills

Defendant

Procedural Posture

Civil / Ruling on Appeal 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 introduce new contract and restitution claims
  2. 2 Whether the proposed amendments are time-barred under limitation statutes
  3. 3 Whether the claims in restitution are sustainable in law where a contract exists or is void/illegal

Ratio Decidendi

Permission to re-amend is granted for the contract claim based on demand/afford for all services supplied, as the amendments are sufficiently pleaded and arise out of substantially the same facts; permission is refused for the 'afford only' contract claim and for restitution claims relating to services before 25 July 2008, as they are either inadequately pleaded, unsustainable in law, or do not arise out of the same facts and are arguably time-barred.

Court Disposition

Permission to re-amend granted in part; appeal disposed subject to further submissions on costs and consequential matters.

Orders

  • Claimant to submit revised particulars of claim reflecting the judgment for court approval.
  • Permission to re-amend granted for contract claim based on demand/afford for all services supplied.