Paribas Trust Corporation UK Limited v Uro Property Holdings S.A

Paribas Trust Corporation UK Limited v Uro Property Holdings S.A

Permission to amend is refused for the estoppel and breach of contract claims because they are late/very late, would cause significant prejudice, lack a good explanation for delay, and have no real prospects of success. Permission is granted only for the construction argument, which is late but causes no prejudice and is arguable.

Parties
Claimant: BNP Paribas Trust Corporation UK Limited; Defendant: Uro Property Holdings, S.A.
Jurisdiction
England and Wales
Judgment Date
16 October 2024
Procedural Posture
Commercial Contractual Dispute / Pre Trial Review (ptr) – Application to Amend Pleadings
Outcome
Application to amend allowed in part; refused in part.
Legal Topics
Amendment of Pleadings, Estoppel, Breach of Contract, Limitation of Actions, Trial Management
Contract Law Civil Procedure Amendment of Pleadings Estoppel Breach of Contract Limitation of Actions Trial Management

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Parties

BNP Paribas Trust Corporation UK Limited

Claimant

Uro Property Holdings, S.A.

Defendant

Procedural Posture

Commercial Contractual Dispute / Pre Trial Review (ptr) – Application to Amend Pleadings

Legal Issues

  1. 1 Whether to grant permission for late/very late amendments to pleadings including estoppel, breach of contract, and construction arguments
  2. 2 Whether the proposed amendments would cause prejudice or loss of trial date
  3. 3 Whether the amendments have real prospects of success

Ratio Decidendi

Permission to amend is refused for the estoppel and breach of contract claims because they are late/very late, would cause significant prejudice, lack a good explanation for delay, and have no real prospects of success. Permission is granted only for the construction argument, which is late but causes no prejudice and is arguable.

Court Disposition

Application to amend allowed in part; refused in part.

Orders

  • Permission to amend granted only for the construction argument.
  • Permission to amend refused for estoppel and breach of contract claims.