Singh v Singh [2013] EWHC 4571 (Ch) (18 December 2013)

The appellant's amended defence did not comply with CPR 16.5 and the relevant court order; the District Judge was correct to strike out the defence and refuse relief from sanctions, applying the stricter post-Jackson approach to procedural compliance.

Citation: [2013] EWHC 4571 (Ch)
Parties: Claimant/respondent: Mrs Belvinder Kaur Singh; Defendant/appellant: Mr Deya Fhatta Singh
Jurisdiction: England and Wales
Judgment Date: 18 December 2013
Procedural Posture: Civil Appeal (chancery Division) / Appeal From Orders of District Judge (substantive and Procedural)
Outcome: Appeal dismissed
Legal Topics: Relief From Sanctions, Striking Out of Defence, Compliance With Civil Procedure Rules, Trusts, Undue Influence, Duress

Civil Procedure Property Law Relief From Sanctions Striking Out of Defence Compliance With Civil Procedure Rules Trusts Undue Influence Duress

Case Brief

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Parties

Mrs Belvinder Kaur Singh

Claimant/respondent

Mr Deya Fhatta Singh

Defendant/appellant

Procedural Posture

Civil Appeal (chancery Division) / Appeal From Orders of District Judge (substantive and Procedural)

Legal Issues

1 Whether the District Judge erred in striking out the defence for non-compliance with CPR 16.5 and court orders
2 Whether relief from sanctions should have been granted to the appellant
3 Whether the District Judge erred in refusing permission to amend the defence

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Permission to appeal granted but appeal dismissed as to both the 9th July and 23rd July orders
Permission to appeal costs order out of time granted