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High Court granted a plaintiff leave to amend the statement of slaim in an action concerning the appointment of a receiver over an industrial property, but only to the extend agreed by the defendant. . The court disallowed the majority of the proposed amendments, which were opposed due to concerns of prejudice and the introduction of new claims based on new facts. The court found that the defendants experienced logistical prejudice due to the plaintiff's conduct and delay in the proceedings. Additionally, the court noted that the loss of potentially relevant documentation and the unavailability of witnesses due to the plaintiff's delay could cause substantive prejudice to the defendants, particularly in relation to the Statute of Limitations.
Receiver, Industrial Property, Mortgage Arrears, Statement of Claim, Amendment, High Court, Prejudice, Statute of Limitations, Consumer Protection Act 2015, Unjust Enrichment, Legal and Beneficial Ownership, Hearsay Evidence, Breach of Contract, Unfair Terms, Aggravated Damages, Litigant in Person, Discovery, Interrogatories, Credit Servicer, Power of Attorney, Legal Proceedings, Documentation Purge, Delay, Logistical Prejudice, Substantive Prejudice.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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