Mahandru v Nielson [2021] EWHC 2297 (QB) (09 July 2021)
The Recorder was not wrong in refusing the interim injunction; she properly applied the balance of convenience, preserved the status quo, and did not rely on irrelevant or extraneous matters. No procedural irregularity occurred and the merits did not clearly tip the balance in favour of the claimant.
- Citation
- [2021] EWHC 2297 (QB)
- Parties
- Claimant/appellant: Rajeve Mahandru; Defendant/respondent: Dr Ejiro Nielson
- Jurisdiction
- England and Wales
- Judgment Date
- 09 July 2021
- Procedural Posture
- Appeal Against Refusal of Interim Injunction / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Interim Injunctions, Unlawful Eviction, Balance of Convenience, Status Quo, Adequacy of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Rajeve Mahandru
Claimant/appellant
Dr Ejiro Nielson
Defendant/respondent
Procedural Posture
Appeal Against Refusal of Interim Injunction / Judgment on Appeal
Legal Issues
- 1 Whether the Recorder erred in refusing interim injunction to readmit claimant to property
- 2 Whether procedural irregularity occurred due to late evidence
- 3 Whether balance of convenience and status quo were properly considered
Ratio Decidendi
The Recorder was not wrong in refusing the interim injunction; she properly applied the balance of convenience, preserved the status quo, and did not rely on irrelevant or extraneous matters. No procedural irregularity occurred and the merits did not clearly tip the balance in favour of the claimant.
Court Disposition
Appeal dismissed
Orders
- Claimant to pay defendant's costs summarily assessed at £1,250
Full Case Text
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