Midland Premier Properties Limited & Anor v Rakesh Singh Doal & Ors
The application is abusive as the Defendants could and should have raised the grounds for partial relief in earlier applications, failed to act promptly, and caused prejudice to the Claimant and wasted court resources. The discretion under CPR 3.1(7) is not exercised as the circumstances do not justify variation of the orders, despite the court's previous indication that partial relief would have been granted if sought promptly.
- Parties
- Claimant: Midland Premier Properties Limited; Claimant: Sanman Property Management Limited; Defendant: Rakesh Singh Doal; Defendant: 2020 Living Limited; Defendant: Samuel Ginda; Defendant: Taylor Grange 2 Limited; Defendant: Taylor Grange DM Limited; Defendant: TGDM One Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 30 June 2025
- Procedural Posture
- Civil / Ruling on Application to Vary Unless/debarring Orders and for Relief From Sanctions
- Outcome
- Application dismissed
- Legal Topics
- Relief From Sanctions, Variation of Court Orders, Abuse of Process, Disclosure, Case Management
Case Brief
Summary, issues, holding and outcome
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Parties
Midland Premier Properties Limited
Claimant
Sanman Property Management Limited
Claimant
Rakesh Singh Doal
Defendant
2020 Living Limited
Defendant
Samuel Ginda
Defendant
Taylor Grange 2 Limited
Defendant
Taylor Grange DM Limited
Defendant
TGDM One Limited
Defendant
Procedural Posture
Civil / Ruling on Application to Vary Unless/debarring Orders and for Relief From Sanctions
Legal Issues
- 1 Whether the application to vary unless/debarring orders and for partial relief from sanctions is abusive
- 2 Whether the court should exercise discretion under CPR 3.1(7) to vary previous orders
- 3 Whether the Defendants should be permitted to defend the quantum issue
Ratio Decidendi
The application is abusive as the Defendants could and should have raised the grounds for partial relief in earlier applications, failed to act promptly, and caused prejudice to the Claimant and wasted court resources. The discretion under CPR 3.1(7) is not exercised as the circumstances do not justify variation of the orders, despite the court's previous indication that partial relief would have been granted if sought promptly.
Court Disposition
Application dismissed
Orders
- The application to vary the unless order and debarring order is refused.
- No relief from sanctions is granted.
Full Case Text
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