Prevost & Anor v McCarthy [2023] EWHC 824 (Ch) (06 April 2023)

Prevost & Anor v McCarthy [2023] EWHC 824 (Ch) (06 April 2023)

The claimants' proposed amendments, including the plea of presumed undue influence, have a real prospect of success and should be permitted. The claims as to misrepresentation, mistake, and the validity of signatures, while doubtful, are not so hopeless as to be struck out or summarily dismissed. The issues raised are fact-sensitive and should proceed to trial.

Citation
[2023] EWHC 824 (Ch)
Parties
Claimant: Josette Ann Prevost; Claimant: Flynn Philip Prevost; Defendant: Timothy Edward McCarthy
Jurisdiction
England and Wales
Judgment Date
06 April 2023
Procedural Posture
Civil Business/property / Interlocutory Applications: Summary Judgment/strike Out and Permission to Amend Pleadings
Outcome
Defendant's application for summary judgment/strike out dismissed; claimants' application to amend pleadings allowed.
Legal Topics
Share Purchase Agreements, Undue Influence, Misrepresentation, Mistake, Summary Judgment, Strike Out Applications, Amendment of Pleadings
Contract Law Equity Company Law Share Purchase Agreements Undue Influence Misrepresentation Mistake Summary Judgment +2 more

Case Brief

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Parties

Josette Ann Prevost

Claimant

Flynn Philip Prevost

Claimant

Timothy Edward McCarthy

Defendant

Procedural Posture

Civil Business/property / Interlocutory Applications: Summary Judgment/strike Out and Permission to Amend Pleadings

Legal Issues

  1. 1 Whether the 2016 Share Purchase Agreement (SPA) is valid and enforceable or voidable for undue influence, misrepresentation, or mistake
  2. 2 Whether the claimants have a real prospect of success in challenging the 2016 SPA
  3. 3 Whether the claimants should be permitted to amend their pleadings

Ratio Decidendi

The claimants' proposed amendments, including the plea of presumed undue influence, have a real prospect of success and should be permitted. The claims as to misrepresentation, mistake, and the validity of signatures, while doubtful, are not so hopeless as to be struck out or summarily dismissed. The issues raised are fact-sensitive and should proceed to trial.

Court Disposition

Defendant's application for summary judgment/strike out dismissed; claimants' application to amend pleadings allowed.

Orders

  • Claimants granted permission to amend particulars of claim and reply as proposed, including undue influence, misrepresentation, mistake, and lack of consideration arguments.
  • Claim to proceed to trial on all pleaded issues, including validity of the 2016 SPA.