Singh v Singh [2001] EWCA Civ 1996 (13 December 2001)

Singh v Singh [2001] EWCA Civ 1996 (13 December 2001)

It is at least arguable that, given the circumstances and the claimant's knowledge of the lease being prepared in another's name, it may not be unjust for the defendant to retain the monies; thus, permission to appeal is granted.

Citation
[2001] EWCA Civ 1996
Parties
Claimant/applicant: Chinda Singh; Defendant/respondent: Santokh Singh
Jurisdiction
England and Wales
Judgment Date
13 December 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Unjust Enrichment, Money Had and Received, Failure of Consideration, Lease Transactions
Civil Law Unjust Enrichment Money Had and Received Failure of Consideration Lease Transactions

Case Brief

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Parties

Chinda Singh

Claimant/applicant

Santokh Singh

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether it was unjust for the defendant to retain monies paid by the claimant where the lease was not granted to the claimant
  2. 2 Whether there was a total failure of consideration justifying recovery of monies

Ratio Decidendi

It is at least arguable that, given the circumstances and the claimant's knowledge of the lease being prepared in another's name, it may not be unjust for the defendant to retain the monies; thus, permission to appeal is granted.

Court Disposition

Permission to appeal granted

Orders

  • Execution of the judgment stayed pending appeal on undertaking to prosecute expeditiously
  • Costs of the application to be in the appeal