Dhillon & Anor v Sandhu

Dhillon & Anor v Sandhu

The appellants breached the consent order by failing to arrange timely inspection and copying of partnership records; late compliance did not justify variation or relief from sanctions; the sanction of debarring participation in the account-taking was valid, but relief was granted to the limited extent of allowing appellants to participate without adducing evidence; the interim payment order was within the Chief Master's discretion and not open to appeal.

Parties
Defendant/appellant: Jaswant Singh Dhillon; Defendant/appellant: Maidie Mohinder Kaur Dhillon; Claimant/respondent: Bagga Singh Sandhu
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Civil Appeal / Judgment on Appeal and Permission to Appeal
Outcome
Permission to appeal refused on all grounds except relief from sanctions; appeal dismissed except limited relief granted.
Legal Topics
Relief From Sanctions, Variation of Consent Orders, Interim Payments, Case Management Discretion
Civil Procedure Partnership Law Relief From Sanctions Variation of Consent Orders Interim Payments Case Management Discretion

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 / Judgment on Appeal and Permission to Appeal

Legal Issues

  1. 1 Whether the appellants breached the consent order of 18 September 2013
  2. 2 Whether the order should be varied under CPR 3.1(7)
  3. 3 Whether relief from sanctions should be granted under CPR 3.9

Ratio Decidendi

The appellants breached the consent order by failing to arrange timely inspection and copying of partnership records; late compliance did not justify variation or relief from sanctions; the sanction of debarring participation in the account-taking was valid, but relief was granted to the limited extent of allowing appellants to participate without adducing evidence; the interim payment order was within the Chief Master's discretion and not open to appeal.

Court Disposition

Permission to appeal refused on all grounds except relief from sanctions; appeal dismissed except limited relief granted.

Orders

  • Appellants granted relief from sanctions to participate in the taking of the account but not to adduce evidence.
  • Appellants ordered to pay £15,000 in costs to respondent by 14 August.