Source: All England Reporter
Publisher Citation: [2015] All ER (D) 51 (May)
Neutral Citation: [2015] EWHC 1276 (Ch)
Court: Chancery Division, Birmingham District Registry

Mr Justice Newey

Representation John Wardell QC (instructed by Thrings LLP) for T.
  Avtar Khangure QC (instructed by Wragge Lawrence Graham & Co) for the defendants.
Judgment Dates: 6 May 2015


Practice - Amendment - Statement of claim - Leave to amend - Claimant bringing proceedings against defendants, claiming certain properties improperly being placed under first defendant company's name - Court finding for defendants - Claimant bringing fresh proceedings, contending judgment being acquired as result of fraud on part of defendants - Claimant seeking permission to amend particulars of claim to introduce claim for damages for conspiracy/deceit - Whether new claim being abuse of process - Whether permission should be granted for proposed amendments - CPR 17.4.

The Case

Practice Amendment. The claimant had brought proceedings in 2008 against the defendants. In 2010, the court had given judgment in the defendants' favour. In the present proceedings, the claimant contended that the 2010 judgment had been acquired as a result of fraud on the part of the defendants and sought permission to amend her particulars of claim to include a claim for damages for conspiracy-deceit. The Chancery Division held that the new claim was not an abuse of process, but that permission for the proposed amendments would not be granted as they included allegations not arising from the same or substantially the same facts as the claim itself.

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