The abortive trial and aftermath
The abortive trial and aftermath
The hearing of the applications
The applications were heard on the first day of the trial, 4 March 2024. On 5 March 2024, Mr Justice Zacaroli gave an extempore judgment on the applications (see [2024] EWHC 497 (Ch)). He allowed the active respondents to amend their defence to withdraw the admissions in respect of the sixth and eighth respondents. But he refused the petitioners permission to amend their petition by adding a claim for rectification of the register. He then went on to hear further argument on what that meant for the future of this litigation. He reserved his decision overnight. On 6 March 2024, the judge gave a short written ruling, in substance that the petition should be stayed until September 2024, in order for the petitioners (if they could) to deal with the problem of standing which it appeared would lead to the dismissal of the entire petition. He also dismissed the claims relating to the seventh respondent on the basis that these had been abandoned.
- Heading
- Introduction
- Background and nature of the claims
- The history of the litigation
- Interim injunction application
- Pre-trial review
- The abortive trial and aftermath
- The restoration of In-Touch
- Further adjournment
- The hearing on 13-14 May 2025
- The question of standing
- Procedural rules
- Relevant caselaw
- The draft re-amended petition
- Brief summary
- The active respondents’ objections
- Standing for the purposes of unfair prejudice petitions
- Caselaw on equitable title
- Scope of the section 994 jurisdiction
- Discussion
- Claims to shares in equity
- Claims outside scope of petition
- Lack of clarity as to basis of allegation
- Vagueness and lack of clarity as to the pleading itself
- Lack of specificity in pleading attribution of conduct
- Inadequate pleading
- Absence of a necessary party
- Conclusion on particular objections
- Opportunity to re-amend?
- Conclusions
![CR-2022-BRS-000101 - [2025] EWHC 2291 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png)