Corinth Pipeworks S.A. v Barclays Bank PLC v (1) Afras Limited (2) Radhakrishnan Nanda Kumar [2010] DIFC CFI 024 (23 April 2014)

Corinth Pipeworks S.A. v Barclays Bank PLC v (1) Afras Limited (2) Radhakrishnan Nanda Kumar [2010] DIFC CFI 024 (23 April 2014)

Barclays is entitled to amend its third-party claim to rely on Article 14(2) of the Law of Obligations, as the provision allows a settling defendant to seek contribution without establishing its own liability; applications to strike out and adjourn are refused due to lack of merit and justification.

Citation
[2010] DIFC CFI 024
Parties
Claimant: Corinth Pipeworks S. A.; Defendant / Part 21 Claimant: Barclays Bank PLC; Part 21 Defendant: Afras Limited; Part 21 Defendant: Radhakrishnan Nanda Kumar
Jurisdiction
United Arab Emirates
Judgment Date
23 April 2014
Procedural Posture
Civil / Interlocutory Applications Before Trial
Outcome
Application to amend allowed; applications to strike out and adjourn refused.
Legal Topics
Contribution Claims, Settlement, Amendment of Pleadings, Adjournment, Strike Out Applications
Civil Procedure Contract Law Contribution Claims Settlement Amendment of Pleadings Adjournment Strike Out Applications

Case Brief

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Parties

Corinth Pipeworks S. A.

Claimant

Barclays Bank PLC

Defendant / Part 21 Claimant

Afras Limited

Part 21 Defendant

Radhakrishnan Nanda Kumar

Part 21 Defendant

Procedural Posture

Civil / Interlocutory Applications Before Trial

Legal Issues

  1. 1 Whether Barclays can amend its third-party claim to rely on Article 14(2) of the Law of Obligations
  2. 2 Whether the third-party claim should be struck out
  3. 3 Whether the trial should be adjourned

Ratio Decidendi

Barclays is entitled to amend its third-party claim to rely on Article 14(2) of the Law of Obligations, as the provision allows a settling defendant to seek contribution without establishing its own liability; applications to strike out and adjourn are refused due to lack of merit and justification.

Court Disposition

Application to amend allowed; applications to strike out and adjourn refused.

Orders

  • Leave granted to Barclays to amend third-party claim.
  • Strike out application refused.