Tribunal grants the Claimant’s application to amend its Claim Form and the Defendant’s application for specific disclosure
Former AIM-listed South Wales operator 2 Travel (in liquidation), which is currently engaged in a lawsuit against Cardiff City Transport Services Limited (trading as Cardiff Bus), has asked to amend its claim against the firm in order to include further heads of loss.
2 Travel is currently suing Cardiff City Transport Services (CCTS) for reputedly engaging in predatory behaviour to put 2 Travel out of business, which CCTS denies.
Now, 2 Travel (the Claimant) is asking to include in its claim the loss of a commercial opportunity to develop a depot in Swansea, which would increase the sums claimed by approximately £2.65m.
CCTS (the Defendant) is also seeking disclosure of certain documents in the control of third parties to this litigation.
The further heads of loss are described in a witness statement of Mr Daniel Simon Conway of BDO LLP. The Claimant wants to amend the Claim Form reflecting Mr Conway’s findings.
The Claimant states the amendment was necessary to allow it to be properly compensated for the losses caused by the Defendant’s predatory behaviour.
The Defendant stated it did not consent to the application, objecting to the very late stage at which the application was made, and pointing to the potential of the proposed amendment to cause the Defendant prejudice in light of the nature and quantum of the additional sums claimed.
The Defendant submitted further that the proposed amendment was, in places, misconceived on its own terms, and reserved the right to serve a responsive amended Defence, amended written opening submissions and supplemental expert report to address the proposed amendments.
The Defendant applied for an order that Mr David Huw Francis and Mr Nigel Vernon Short (both former directors and shareholders of the Claimant) provide copies of all documents relating to the Swansea depot in their possession.
The QCs overseeing the case have ordered that:
- The Claimant be granted permission to amend its Claim Form;
- The witness statement of Mr Conway be admitted;
- The Defendant be granted permission (if so advised) to amend its Defence and written opening submissions in light of the amendments to the Claim Form, and to adduce further evidence in relation to those amendments;
- The Claimant pay the Defendant its costs of and occasioned by the Claimant’s application;
- Mr Francis and Mr Short provide copies of all documents relating to the Swansea depot in their possession which have not been previously been made available in these proceedings, specifically documents relating to the period of Mr Francis and Mr Short’s ownership of the property (from May 20, 2005 to the present);
- The documents disclosed pursuant to (5) be used for the purposes of these proceedings only, and not for any other purpose; and
- The Defendant pay Mr Francis and Mr Short’s reasonable printing and photocopying costs in relation to the disclosure ordered at (5) above.
The hearing is due to start on Monday (March 12).
