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England and Wales decisions
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The High Court held that the SPA notice provisions applied to earnout determinations, found the Year 1 and Year 2 determinations invalid, but estoppel barred Year 1 only.
The Claimant is the successful party and entitled to costs under CPR 44.2(2). A reduction of 15% is warranted due to conduct regarding disclosure and non-reliance on witness statement. There is no good reason to depart from the usual rule for payment on account; set-off arguments based on contingent costs from previous proceedings are misconceived. The Defendant is ordered to pay 85% of the Claimant’s costs, assessed on the standard basis if not agreed, and £90,000 on account.
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The present action is not, per se, an impermissible collateral attack on previous decisions, as actions to set aside judgments for fraud are permitted exceptions to the finality principle. However, the question of whether the claimant's prior election not to pursue fraud bars the present action is not sufficiently articulated or established and may require determination as a preliminary issue. The plea of 'nullity' is legally unsustainable and is struck out.
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The application to amend is refused because it is too late to introduce a new field of legal argument that may require additional evidence and witnesses, and there is no good reason why the point could not have been raised earlier.
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MOK Petro Energy FZC v Argo (No. 604) Ltd & Ors [2024] EWHC 1555 (Comm) (19 June 2024)
The Commercial Court refused a late amendment raising new construction and waiver arguments in an insurance dispute, finding it was too late and would broaden the case unfairly.
Baldudak v Matteo (Re Costs) [2024] EWHC 301 (Ch) (15 February 2024)
The High Court held the claimant was the successful party, awarded him 85% of his costs, and ordered the defendant to pay £90,000 on account.
The Serious Fraud Office & Anor v Hotel Portfolio II UK Ltd [2021] EWHC 1273 (Comm) (18 May 2021)
The Commercial Court considered whether HPII could trace hotel-sale profits through loans and later transactions into disputed property, and whether its wider tracing claim should survive strike-out.
Commercial Court strike-out decision on tracing claims. The court rejected most of HPII’s backwards-tracing case, but allowed limited claims to proceed.
The Court of Appeal dismissed Paul Bell’s challenge to Ivy Technology’s amendment, holding the SPA did not clearly exclude a disclosed principal’s liability.
The Commercial Court allowed an amendment to plead that a second defendant was a contracting principal, but refused a separate bid to treat warranties as representations.
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