Jurisdiction(s):
United Kingdom

Amending insolvency pleadings post-limitation: High Court allows misfeasance/fiduciary duty particulars but refuses unlawful distribution as new causes; CPR 17.4 and Mulalley guidance (England and Wales)

Published on: 17 June 2025

Published by a LexisNexis Restructuring & Insolvency expert

Legal News

Article summary

The court allowed targeted amendments to the application dealing with misfeasance and breach of fiduciary duty, on the footing that these did not introduce fresh causes of action and that it was appropriate to exercise its discretion to permit them. By contrast, the court declined permission for an amendment advancing new causes of action concerning unlawful distribution of capital, because it lacked discretion to grant such permission (and, had it possessed it, would have declined to use it). Written by Martin Young, senior associate at CMS Cameron McKenna Nabarro Olswang LLP. Ley and another (as joint liquidators of CL Realisations 2020 Ltd) v Suttle and another [2025] EWHC 796 (Ch).

What are the practical implications of this case?

The judgment offers practical guidance on the outer limits of permissible amendments to heads of claim in the insolvency sphere, and on the evidential and procedural showing required. It underlines the need for proper particularisation and evidential underpinning in insolvency applications and, where claims are issued on a protective basis, for setting out every available ground so far as possible (even if fuller particulars are to follow). An applicant may, despite the expiry of a limitation period, add or substitute...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...