DR EBRAHIM SOUFIANI v MR MOHAMMED RAHMAN

DR EBRAHIM SOUFIANI v MR MOHAMMED RAHMAN

The trial judge was entitled to refuse relief against sanctions for late service of the witness statement and annexures, to decline to admit documents at closing submissions, and to make the order for remedial works as specified by the single joint expert. There was no prospect of success on appeal on any ground advanced.

Parties
Appellant: Dr Ebrahim Soufiani; Respondent: Mr Mohammed Rahman
Jurisdiction
England and Wales
Judgment Date
21 January 2022
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Trespass, Nuisance, Relief Against Sanctions, Admissibility of Evidence, Case Management
Property Law Civil Procedure Trespass Nuisance Relief Against Sanctions Admissibility of Evidence Case Management

Case Brief

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Parties

Dr Ebrahim Soufiani

Appellant

Mr Mohammed Rahman

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing relief against sanctions for late service of witness statement and annexures
  2. 2 Whether the trial judge erred in refusing to admit documents at closing submissions
  3. 3 Whether the order for remedial works was unsafe or unlawful given the structural concerns

Ratio Decidendi

The trial judge was entitled to refuse relief against sanctions for late service of the witness statement and annexures, to decline to admit documents at closing submissions, and to make the order for remedial works as specified by the single joint expert. There was no prospect of success on appeal on any ground advanced.

Court Disposition

permission to appeal refused