Gattaz Property Ltd & Anor v Versant Developments And Homes Ltd & Ors [2021] EWHC 3657 (Comm) (10 November 2021)

Gattaz Property Ltd & Anor v Versant Developments And Homes Ltd & Ors [2021] EWHC 3657 (Comm) (10 November 2021)

Permission to amend the particulars of claim is granted because the amendments have a real prospect of success, are justified by new evidence and the complexity of the case, and no party would suffer prejudice. The length of the amended pleading is justified. Costs of and occasioned by the amendments are to be costs in the case.

Citation
[2021] EWHC 3657 (Comm)
Parties
Claimant: Gattaz Property Limited; Claimant: Fortimat Properties SA; Defendant: Versant Developments and Homes Limited; Defendant: Mr Mountain; Defendant: Mr Penfold; Defendant: Cambridge SPV; Defendant: Maidenhead SPV; Defendant: IV Fund; Defendant: Regency; Defendant: Mr Latsmanovich; Defendant: Mr Novikov; Defendant: Mr Mikhailenko (deceased)
Jurisdiction
England and Wales
Judgment Date
10 November 2021
Procedural Posture
Commercial Court Claim / Application for Permission to Amend Particulars of Claim and Related Procedural Orders
Outcome
Permission to amend granted; related procedural and costs orders made.
Legal Topics
Amendment of Pleadings, Fraud, Unlawful Means Conspiracy, Misrepresentation, Breach of Contract, Breach of Trust, Fiduciary Duty, Negligence
Civil Procedure Commercial Law Amendment of Pleadings Fraud Unlawful Means Conspiracy Misrepresentation Breach of Contract Breach of Trust +2 more

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Parties

Gattaz Property Limited

Claimant

Fortimat Properties SA

Claimant

Versant Developments and Homes Limited

Defendant

Mr Mountain

Defendant

Mr Penfold

Defendant

Cambridge SPV

Defendant

Maidenhead SPV

Defendant

IV Fund

Defendant

Regency

Defendant

Mr Latsmanovich

Defendant

Mr Novikov

Defendant

Mr Mikhailenko (deceased)

Defendant

Procedural Posture

Commercial Court Claim / Application for Permission to Amend Particulars of Claim and Related Procedural Orders

Legal Issues

  1. 1 Whether permission should be granted to amend the particulars of claim to include new allegations of dishonesty and conspiracy against certain defendants
  2. 2 Whether the length of the amended particulars of claim is justified
  3. 3 Whether the costs of and occasioned by the amendments should be costs in the case or borne by the claimants

Ratio Decidendi

Permission to amend the particulars of claim is granted because the amendments have a real prospect of success, are justified by new evidence and the complexity of the case, and no party would suffer prejudice. The length of the amended pleading is justified. Costs of and occasioned by the amendments are to be costs in the case.

Court Disposition

Permission to amend granted; related procedural and costs orders made.

Orders

  • Permission granted to file and serve amended particulars of claim in the form presented.
  • Permission granted for the amended particulars of claim to be up to 75 pages in length.