Samba Financial Group, represented by Andrew Onslow Q.C. have succeeded in their Appeal against a December 2017 Order granting the Claimants, the Liquidators of Saad Investment Company Ltd, permission to amend their Particulars of Claim. The underlying events occurred in 2009. Following Samba’s successful appeal to the Supreme Court  AC 424 in an action begun in 2013, resulting in the dismissal of the Claimants’ original claim under Insolvency Act 1986, the Claimants applied to amend in that action to introduce a constructive trust claim (and also began a new 2017 Action seeking the same relief). Birss J. held that the new claim arose out of the same or substantially the same facts as the original claim, with the result that permission to amend outside the limitation period was given in the 2013 Action. Because of the “relation back” principle, Samba’s limitation defence in the 2017 Action was thereby deprived of any value. The Court of Appeal has overturned the grant of permission to amend in the 2013 Action, which has been dismissed. The 2017 Action is fixed for trial in October 2020.
Andrew, leading Alan Roxburgh of Brick Court Chambers, was instructed by Latham & Watkins (partner Oliver Browne, Counsel Dan Smith). The judgment can be read here.