Booth v Zenith [2017] JRC 195 (15 November 2017)

Booth v Zenith [2017] JRC 195 (15 November 2017)

The plaintiff failed to establish an arguable case in fraud. The facts alleged, even if true, amounted at best to breach of duty or contract, not fraud, as there was no evidence of deliberate concealment or misrepresentation by the defendant. The application was also an attempt to revisit issues already determined in previous judgments, which were not appealed. Accordingly, the amendment to plead fraud was refused.

Citation
[2017] JRC 195
Parties
Plaintiff: Alan Booth; Defendant: Zenith Trust Company Limited
Jurisdiction
Jersey
Judgment Date
15 November 2017
Procedural Posture
Civil / Interlocutory Application to Amend Pleadings
Outcome
application refused
Legal Topics
Amendment of Pleadings, Fraud Allegations, Breach of Trust, Accounting by Trustees
Civil Procedure Trusts Law Amendment of Pleadings Fraud Allegations Breach of Trust Accounting by Trustees

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Parties

Alan Booth

Plaintiff

Zenith Trust Company Limited

Defendant

Procedural Posture

Civil / Interlocutory Application to Amend Pleadings

Legal Issues

  1. 1 Whether the plaintiff should be permitted to amend his pleadings to allege fraud against the defendant
  2. 2 Whether the facts pleaded and evidence produced disclose an arguable case in fraud

Ratio Decidendi

The plaintiff failed to establish an arguable case in fraud. The facts alleged, even if true, amounted at best to breach of duty or contract, not fraud, as there was no evidence of deliberate concealment or misrepresentation by the defendant. The application was also an attempt to revisit issues already determined in previous judgments, which were not appealed. Accordingly, the amendment to plead fraud was refused.

Court Disposition

application refused

Orders

  • Plaintiff refused leave to amend the amended order of justice to plead fraud.