Sangha v Amicus Finance Plc
The possession order was a final order, and the circumstances for setting aside such an order under CPR 3.1(7) are very rare. Mr Sangha knew or ought to have known the relevant facts at the time of the original hearing, and there was no material change in circumstances or misstatement of facts. The Deputy District Judge correctly applied the legal test and exercised discretion within the proper ambit.
- Parties
- Appellant: Peter Singh Sangha; Respondent: Amicus Finance PLC (in administration)
- Jurisdiction
- England and Wales
- Judgment Date
- 05 May 2020
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Setting Aside Possession Orders, Finality of Judgments, Misrepresentation, CPR 3.1(7)
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Singh Sangha
Appellant
Amicus Finance PLC (in administration)
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the court should set aside a possession order under CPR 3.1(7)
- 2 Whether the possession order is a final or interim order
- 3 Whether there was a material change in circumstances or misstatement of facts justifying setting aside the order
Ratio Decidendi
The possession order was a final order, and the circumstances for setting aside such an order under CPR 3.1(7) are very rare. Mr Sangha knew or ought to have known the relevant facts at the time of the original hearing, and there was no material change in circumstances or misstatement of facts. The Deputy District Judge correctly applied the legal test and exercised discretion within the proper ambit.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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