Trico Ltd v Buckingham 20-Aug-2019 [2019] JRC 163 (20 August 2019)

Trico Ltd v Buckingham 20-Aug-2019 [2019] JRC 163 (20 August 2019)

Plaintiff's amendments allowed with primary case as Side Letter signed on 13 February 2014; defendant's amendments allowed only where not implying fraud or dishonesty without specific pleading; new construction argument permitted for appeal, subject to amendments being struck out if appeal fails; procedural history...

Source-derived case information.

Citation
[2019] JRC 163
Parties
Plaintiff: Trico Limited; Defendant: Buckingham
Jurisdiction
Jersey
Judgment Date
20 August 2019
Procedural Posture
Application to Amend Pleadings / Post Summary Judgment, Pre Appeal
Outcome
Plaintiff's application to amend allowed with conditions; defendant's application to amend partly allowed, partly refused; new construction argument permitted for appeal, subject to outcome.
Legal Topics
Amendment of Pleadings, Summary Judgment, Execution of Contract, Fraud Pleading, Construction of Contract
Civil Procedure Contract Law Amendment of Pleadings Summary Judgment Execution of Contract Fraud Pleading Construction of Contract

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Parties

Trico Limited

Plaintiff

Buckingham

Defendant

Procedural Posture

Application to Amend Pleadings / Post Summary Judgment, Pre Appeal

Legal Issues

  1. 1 Whether parties may amend pleadings post-summary judgment
  2. 2 Whether defendant may introduce new construction argument on appeal
  3. 3 Whether allegations of fraud or dishonesty require specific pleading

Ratio Decidendi

Plaintiff's amendments allowed with primary case as Side Letter signed on 13 February 2014; defendant's amendments allowed only where not implying fraud or dishonesty without specific pleading; new construction argument permitted for appeal, subject to amendments being struck out if appeal fails; procedural history not permitted in pleadings, only in affidavit evidence.

Court Disposition

Plaintiff's application to amend allowed with conditions; defendant's application to amend partly allowed, partly refused; new construction argument permitted for appeal, subject to outcome.

Orders

  • Plaintiff permitted to amend pleadings with primary case as Side Letter signed on 13 February 2014, alternatives as specified.
  • Defendant permitted to amend pleadings to withdraw admissions and introduce new construction argument, but not to imply fraud or dishonesty without specific pleading.