Mahandru v Nielson [2021] EWHC 2297 (QB) (09 July 2021)

Mahandru v Nielson [2021] EWHC 2297 (QB) (09 July 2021)

The Recorder was not wrong in refusing the interim injunction; she correctly applied the American Cyanamid guidelines, preserved the status quo, and did not commit a procedural irregularity or take into account irrelevant matters.

Citation
[2021] EWHC 2297
Parties
Claimant/appellant: Rajeve Mahandru; Defendant/respondent: Dr Ejiro Nielson
Jurisdiction
England and Wales
Judgment Date
09 July 2021
Procedural Posture
Appeal (interim Injunction) / Appeal From Refusal of Interim Injunction
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Unlawful Eviction, Assured Shorthold Tenancy, Balance of Convenience
Civil Procedure Landlord and Tenant Interim Injunctions Unlawful Eviction Assured Shorthold Tenancy Balance of Convenience

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Parties

Rajeve Mahandru

Claimant/appellant

Dr Ejiro Nielson

Defendant/respondent

Procedural Posture

Appeal (interim Injunction) / Appeal From Refusal of Interim Injunction

Legal Issues

  1. 1 Whether the Recorder erred in refusing an interim injunction for readmission to property
  2. 2 Whether procedural irregularity occurred due to late evidence
  3. 3 Whether the Recorder failed to apply the American Cyanamid guidelines correctly

Ratio Decidendi

The Recorder was not wrong in refusing the interim injunction; she correctly applied the American Cyanamid guidelines, preserved the status quo, and did not commit a procedural irregularity or take into account irrelevant matters.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay defendant's costs summarily assessed at £1,250