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Commodo Holding Limited and Renaissance Ventures Limited and Joseph Katz (As Executor for the Estate of the Late Eric D. Emanuel, Deceased) BVIHCMAP 2014/0032

May 2016 Civil Procedure Rules Amendment to Statement of Case

BRITISH VIRGIN ISLANDS

COURT OF APPEAL (COMMERCIAL DIVISION)

CIVIL APPEAL - INTERLOCUTORY APPEAL - AMENDMENT OF PLEADINGS AMENDMENT OF STATEMENT OF CASE AFTER DATE FIXED FOR FIRST CASE MANAGEMENT CONFERENCE - ADJOURNMENT OF FIRST CASE MANAGEMENT CONFERENCE - NO DIRECTIONS GIVEN - WHETHER LEAVE REQUIRED TO AMEND PLEADINGS AFTER FIRST DATE FIXED FOR CASE MANAGEMENT CONFERENCE HAD ARRIVED (ALBEIT ADJOURNED) - WHETHER LEARNED JUDGE ERRED IN RULING THAT APPELLANT REQUIRED LEAVE TO AMEND ITS REPLY AND DEFENCE - WHETHER LEARNED JUDGE ERRED IN REFUSING AMENDMENT ON BASIS OF NOT BROADENING CLAIM - SUMMARY JUDGMENT - PART 15 OF CIVIL PROCEDURE RULES, 2000 - WHETHER LEARNED JUDGE ERRED IN FINDING THAT APPELLANT HAD NO REAL PROSPECT OF SUCCESSFULLY DEFENDING COUNTERCLAIM

This was an appeal by Commodo Holdings Limited (the “Appellant”) against a refusal by the Learned Judge below to permit the Amendment of the Claim on the basis that to do so would clutter the Claim and his decision to permit Summary Judgment on a Claim for rectification by the Second Defendant.

In so far as it concerned permission to amend the Claim, the Court of Appeal confirmed that a party would be permitted to amend the Claim once before the date for a case management conference (“CMC”). It agreed with the Court below that permission was needed once the date for a CMC had arisen and it was of no relevance that the CMC had been adjourned and no directions given.

 

To continue reading full articles in PDF format:
Commodo Holding Limited and Renaissance Ventures Limited and Joseph Katz (As Executor for the Estate of the Late Eric D. Emanuel, Deceased) BVIHCMAP 2014/0032

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Commodo Holding Limited and Renaissance Ventures Limited and Joseph Katz (As Executor for the Estate of the Late Eric D. Emanuel, Deceased) BVIHCMAP 2014/0032

01 May 2016

BRITISH VIRGIN ISLANDS

COURT OF APPEAL (COMMERCIAL DIVISION)

CIVIL APPEAL - INTERLOCUTORY APPEAL - AMENDMENT OF PLEADINGS AMENDMENT OF STATEMENT OF CASE AFTER DATE FIXED FOR FIRST CASE MANAGEMENT CONFERENCE - ADJOURNMENT OF FIRST CASE MANAGEMENT CONFERENCE - NO DIRECTIONS GIVEN - WHETHER LEAVE REQUIRED TO AMEND PLEADINGS AFTER FIRST DATE FIXED FOR CASE MANAGEMENT CONFERENCE HAD ARRIVED (ALBEIT ADJOURNED) - WHETHER LEARNED JUDGE ERRED IN RULING THAT APPELLANT REQUIRED LEAVE TO AMEND ITS REPLY AND DEFENCE - WHETHER LEARNED JUDGE ERRED IN REFUSING AMENDMENT ON BASIS OF NOT BROADENING CLAIM - SUMMARY JUDGMENT - PART 15 OF CIVIL PROCEDURE RULES, 2000 - WHETHER LEARNED JUDGE ERRED IN FINDING THAT APPELLANT HAD NO REAL PROSPECT OF SUCCESSFULLY DEFENDING COUNTERCLAIM

This was an appeal by Commodo Holdings Limited (the “Appellant”) against a refusal by the Learned Judge below to permit the Amendment of the Claim on the basis that to do so would clutter the Claim and his decision to permit Summary Judgment on a Claim for rectification by the Second Defendant.

In so far as it concerned permission to amend the Claim, the Court of Appeal confirmed that a party would be permitted to amend the Claim once before the date for a case management conference (“CMC”). It agreed with the Court below that permission was needed once the date for a CMC had arisen and it was of no relevance that the CMC had been adjourned and no directions given.

 

To continue reading full articles in PDF format:
Commodo Holding Limited and Renaissance Ventures Limited and Joseph Katz (As Executor for the Estate of the Late Eric D. Emanuel, Deceased) BVIHCMAP 2014/0032

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com