Pincus v Singh & Anor

Pincus v Singh & Anor

The application to set aside the default judgments is refused because the defendants did not make the application promptly, failed to provide sufficient evidence or a draft defence, and have not shown a real prospect of successfully defending the claim. The works required by the injunction were not completed on time or to an acceptable standard, and the defendants' conduct and delay weigh against granting relief.

Parties
Claimant: Pincus; First Defendant: Sandeep Singh Johal; Second Defendant: Freehold owner of 19 Millicent Road
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (property, Trusts and Probate) / Application to Set Aside Default Judgments
Outcome
Application to set aside default judgments refused
Legal Topics
Default Judgment, Setting Aside Judgment, Injunctions, Damages, Right of Way, Civil Procedure Rules
Property Law Civil Procedure Default Judgment Setting Aside Judgment Injunctions Damages Right of Way Civil Procedure Rules

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Parties

Pincus

Claimant

Sandeep Singh Johal

First Defendant

Freehold owner of 19 Millicent Road

Second Defendant

Procedural Posture

Civil (property, Trusts and Probate) / Application to Set Aside Default Judgments

Legal Issues

  1. 1 Whether the default judgments against the defendants should be set aside under CPR 13.3(1)
  2. 2 Whether the defendants have a real prospect of successfully defending the claim
  3. 3 Whether the application to set aside was made promptly as required by the rules

Ratio Decidendi

The application to set aside the default judgments is refused because the defendants did not make the application promptly, failed to provide sufficient evidence or a draft defence, and have not shown a real prospect of successfully defending the claim. The works required by the injunction were not completed on time or to an acceptable standard, and the defendants' conduct and delay weigh against granting relief.

Court Disposition

Application to set aside default judgments refused

Orders

  • Default judgments against both defendants stand
  • No order setting aside the judgments