Singh v Singh

Singh v Singh

The appellant failed to file a compliant defence as required by the court order and CPR 16.5; the defaults were not trivial and no good reason was provided. Relief from sanctions and permission to amend the defence were properly refused. The District Judge's decisions were robust but permissible under the post-Jackson regime.

Parties
Claimant/respondent: Mrs Belvinder Kaur Singh; Defendant/appellant: Mr Deya Fhatta Singh
Jurisdiction
England and Wales
Judgment Date
18 December 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Amendment of Pleadings, Undue Influence, Trusts, Case Management, Striking Out, Default Judgment
Civil Procedure Property Law Relief From Sanctions Amendment of Pleadings Undue Influence Trusts Case Management Striking Out +1 more

Case Brief

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Parties

Mrs Belvinder Kaur Singh

Claimant/respondent

Mr Deya Fhatta Singh

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant complied with the court order to file a compliant defence
  2. 2 Whether relief from sanctions should be granted for failure to comply
  3. 3 Whether permission to amend the defence should be granted

Ratio Decidendi

The appellant failed to file a compliant defence as required by the court order and CPR 16.5; the defaults were not trivial and no good reason was provided. Relief from sanctions and permission to amend the defence were properly refused. The District Judge's decisions were robust but permissible under the post-Jackson regime.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal out of time granted for costs order of 9th July
  • Permission to rely on witness statement of 12th August refused