CL-2025-000380 - [2025] EWHC 2462 (Comm)

I am persuaded that it is a necessary adjunct to the orders I am willing to grant that the Complaint in the Delaware Proceedings should be amended to make it clear that it does not extend to claims by ATL and AgLLC against Croda Europe. It will also need to remove AL as a plaintiff. If AL wishes to become a plaintiff, it will have to be done on a basis which made it clear that AL is not bringing any claims against Croda Europe.

I have decided that this is best done by requiring the amendment of the Complaint to give effect to these requirements, in a form to be approved by the court (solely for the purpose of ensuring that the amended Complaint is compliant with the court’s orders). Mr Gourgey KC suggested that I should simply dismiss the entire claim and require the Agform Parties to start again. However, that would not be appropriate in circumstances in which the application for injunctive relief in respect of the entire Complaint has failed; it would involve additional costs and delay; and may well lead to further proceedings before this court if the newly filed complaint was alleged to breach the ASIs granted.