Stephen Pincus v Sandeep Singh Johal & Anor

Stephen Pincus v Sandeep Singh Johal & Anor

The claimant, by his solicitor's letter of 14 February 2023, expressly abandoned all non-monetary aspects of the claim to obtain default judgment by request. This included the claims for mandatory and prohibitory injunctions. The court found no procedural error justifying reinstatement of those claims. The claimant is restricted to his claim for damages, which will require assessment.

Parties
Claimant: Stephen Pincus; First Defendant: Sandeep Singh Johal; Second Defendant: Venus Property Holdings Ltd
Jurisdiction
England and Wales
Judgment Date
03 August 2024
Procedural Posture
Civil (property/nuisance) / Post Default Judgment Application; Determination of Entitlement to Injunctive Relief and Damages
Outcome
Claimant's application for injunctive relief dismissed; claim restricted to damages to be assessed.
Legal Topics
Nuisance, Easements, Default Judgment, Injunctions, Damages
Property Law Civil Procedure Nuisance Easements Default Judgment Injunctions Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stephen Pincus

Claimant

Sandeep Singh Johal

First Defendant

Venus Property Holdings Ltd

Second Defendant

Procedural Posture

Civil (property/nuisance) / Post Default Judgment Application; Determination of Entitlement to Injunctive Relief and Damages

Legal Issues

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

Ratio Decidendi

The claimant, by his solicitor's letter of 14 February 2023, expressly abandoned all non-monetary aspects of the claim to obtain default judgment by request. This included the claims for mandatory and prohibitory injunctions. The court found no procedural error justifying reinstatement of those claims. The claimant is restricted to his claim for damages, which will require assessment.

Court Disposition

Claimant's application for injunctive relief dismissed; claim restricted to damages to be assessed.

Orders

  • Claimant's application for an order permitting reinstatement of the platform is dismissed.
  • Claimant's claim is restricted to damages; inquiry before the master to assess damages.