Pincus v Johal & Anor [2024] EWHC 502 (Ch) (08 March 2024)

Pincus v Johal & Anor [2024] EWHC 502 (Ch) (08 March 2024)

The claimant, by letter dated 14 February 2023, expressly abandoned all non-monetary aspects of the claim to obtain default judgment by request, thereby relinquishing claims to mandatory and prohibitory injunctions; only damages remain for assessment.

Citation
[2024] EWHC 502 (Ch)
Parties
Claimant: Stephen Pincus; First Defendant: Sandeep Singh Johal; Second Defendant: Venus Property Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
08 March 2024
Procedural Posture
Claim for Interference With Right of Way and Nuisance / Application for Mandatory Injunction and Damages Following Default Judgment
Outcome
Claimant's application for mandatory injunction dismissed; claim restricted to damages.
Legal Topics
Nuisance, Easements, Right of Way, Default Judgment, Injunctions, Damages
Property Law Civil Procedure Nuisance Easements Right of Way Default Judgment Injunctions Damages

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Parties

Stephen Pincus

Claimant

Sandeep Singh Johal

First Defendant

Venus Property Holdings Ltd

Second Defendant

Procedural Posture

Claim for Interference With Right of Way and Nuisance / Application for Mandatory Injunction and Damages Following Default Judgment

Legal Issues

  1. 1 Does the claimant have standing to seek an injunction?
  2. 2 Is there evidence of interference with the right of way?
  3. 3 Has the claimant abandoned the claim to an injunction?

Ratio Decidendi

The claimant, by letter dated 14 February 2023, expressly abandoned all non-monetary aspects of the claim to obtain default judgment by request, thereby relinquishing claims to mandatory and prohibitory injunctions; only damages remain for assessment.

Court Disposition

Claimant's application for mandatory injunction dismissed; claim restricted to damages.

Orders

  • Application for order permitting claimant to reinstate platform dismissed.
  • Damages to be assessed before the master.