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England and Wales decisions
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The High Court refused D7-D8’s bid to expand disclosure and further information, holding that partnership accounting and asset tracing should follow trial on liability.
Permission to amend is refused because the proposed amendments are very late, extensive, and would require significant further pleadings, disclosure, and evidence, making it impossible to maintain the trial date. Allowing the amendments would cause serious procedural unfairness and deny the Defendants a fair opportunity to prepare for trial. The amendments introduce new causes of action, are not properly particularised, and in many instances are time-barred and do not arise out of the same or substantially the same facts as the existing claims.
Source excerpt
Steenbok Newco 10 SARL & Anor v Formal Holdings Ltd & Ors [2024] EWHC 1160 (Comm) (10 May 2024)
The High Court refused a very late application to make major pleadings amendments in a commercial fraud case shortly before trial.
Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 (Ch) (17 July 2020)
The High Court refused Qatar Airways’ application to stay a global copyright claim, holding that England was not clearly out of forum and could manage foreign law issues.
Vilca & Ors v XSTRATA Ltd & Anor [2017] EWHC 2096 (QB) (11 August 2017)
The High Court allowed the defendants to amend their defence to plead a Peruvian-law limitation defence in foreign-law personal injury claims arising from a 2012 protest.
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