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Amendment to rely upon the Limitation Clause
Amendment to rely upon the Limitation Clause
The court’s permission is needed to enable Ms Swan to amend or withdraw the admissions she made in her defence concerning the duty of care: CPR rule 14.2(11). CPR rule 14.5 provides under the heading “Application for permission to withdraw admission” that:
“In deciding whether to give permission for an admission to be withdrawn, the court shall consider all the circumstances of the case, including—
the grounds for seeking to withdraw the admission;
whether there is new evidence that was not available when the admission was made;
- Heading
- Introduction
- The relevant facts
- Amendment to rely upon the statutory release
- Amendment to rely upon the Limitation Clause
- the conduct of the parties
- the interests of the administration of justice.”
- The merits of the Limitation Clause amendment
- In Fakhry v Pagden [2020] EWCA Civ 1207 ; [2021] B.C.C. 46 , a case arising out of the same facts as the case before me, but in relation to a different aspect, concerning alleged procedural irregulari
- The statutory trust is explained in Goode on Principles of Corporate Insolvency Law (5th edition) (" Goode ") at paragraph 3-09 as follows
- The case usually cited for this proposition is a tax case in the House of Lords, Ayerst (Inspector of Taxes) v C. & K. (Construction) Ltd [1976] A.C. 167 ("Ayerst") As Goode goes in to explain at paragraph 3-10, this is a particular type of trust tha
- "The company thus holds the assets for statutory purposes, not for persons." Clearly, as the trustee of a statutory trust, a liquidator is a fiduciary and owes corresponding fiduciary duties, such as a duty not to profit otherwise than through the re
- Determination of the amendment application
- Conclusions