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Points of claim order to be amended prior to hearing of modular trial in commercial negligence action
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High Court, in test case proceedings seeking damages variously for negligence and misrepresentation concerning the plaintiff's investment in certain funds offered by bank as agent, makes a series of orders and directions in case management and clarifies its previous orders to the effect that the plaintiff is to deliver fresh 'points of claim' on an isolated issue of whether the claim is statute-barred and in due course a modular trial is to take place in order to determine the issue, which will impact the status of other test cases awaiting the court's judgment.
Clarification of judgment - interim directions given in relation to holding a modular hearing concerning whether proceedings statute-barred or whether claim still extant on basis of alleged fraudulent concealment - test case - points of claim and defence directed - transcript of court determination - notice of motion seeking directions concerning the contents of the plaintiff's points of claim and further pleading of case - statute of limitations - new prayer for damages for fraudulent concealment inappropriate as plaintiff's claim based on torts of negligence and negligent misstatement//misrepresentation - recast statement of claim - misrepresentation by omission - whether points of claim have inaccurately conflated alleged omissions outside of plaintiff's claim - particulars of fraudulent concealment - scope of discovery on statute of limitations issue to be limited - paragraphs which describe claims basis to be entitled 'The Underlying Claims' - prayer seeking damages for fraudulent concealment be removed - heading of 'loss and damage' inappropriate to a modular trial - pleas to be removed from points of claim - pleas requiring amendment or confirmation - director defendants objections in correspondence to points of claim - fresh points of claim to be delivered - order directing modular trial - status of undertakings to be confirmed at next listing.
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