The England & Wales High Court recently handed down its decision in Rose and others v Creativityetc and others [2019] EWHC 1043 (Ch), in which it refused an application by the first and second claimants (the "Claimants") to re-amend the Particulars of Claim. The proposed re-amendment sought a declaration that certain mortgages were rescinded as they were entered into as the result of fraud committed by those controlling the first defendant ("Creativityetc"). In exercising its discretion, the Court provided a helpful summary of several factors it must consider, including the timing of the application and the extent of the amendments, to decide whether it should allow the application.
