Dhillon & Anor v Sandhu [2014] EWHC 3229 (Ch) (23 July 2014)

Dhillon & Anor v Sandhu [2014] EWHC 3229 (Ch) (23 July 2014)

The application to adduce fresh evidence fails because the evidence could, with reasonable diligence, have been obtained for use at the hearing before the Master; admission would not have had an important influence on the result; and the evidence is incomplete and raises further questions.

Citation
[2014] EWHC 3229 (Ch)
Parties
Defendant/appellant: Jaswant Singh Dhillon; Defendant/appellant: Maidie Mohinder Kaur Dhillon; Claimant/respondent: Bagga Singh Sandhu
Jurisdiction
England and Wales
Judgment Date
23 July 2014
Procedural Posture
Civil Appeal / Rolled Up Hearing: Permission to Appeal and Substantive Appeal
Outcome
application to adduce fresh evidence dismissed
Legal Topics
Relief From Sanctions, Admission of Fresh Evidence, Partnership Dispute, Appeals Procedure

Case Brief

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Parties

Jaswant Singh Dhillon

Defendant/appellant

Maidie Mohinder Kaur Dhillon

Defendant/appellant

Bagga Singh Sandhu

Claimant/respondent

Procedural Posture

Civil Appeal / Rolled Up Hearing: Permission to Appeal and Substantive Appeal

  1. 1 Whether appellants should be permitted to adduce fresh evidence on appeal
  2. 2 Whether relief from sanctions should be granted for failure to comply with court orders

Ratio Decidendi

The application to adduce fresh evidence fails because the evidence could, with reasonable diligence, have been obtained for use at the hearing before the Master; admission would not have had an important influence on the result; and the evidence is incomplete and raises further questions.

Court Disposition

application to adduce fresh evidence dismissed

Orders

  • Application to adduce fresh evidence refused
  • No relief from sanctions granted