Sandhar v Sandhar & Kang Ltd & Ors

Sandhar v Sandhar & Kang Ltd & Ors

The appellant had no real prospect of success as all evidence and conduct indicated the property was held on trust for the company, and the forgery allegation was wholly improbable and unsupported by credible evidence.

Parties
Appellant: Sandhar; Respondent: Sandhar & Kang Ltd & Ors
Jurisdiction
England and Wales
Judgment Date
14 February 2008
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Beneficial Ownership, Trusts, Forgery Allegation
Property Law Civil Procedure Summary Judgment Beneficial Ownership Trusts Forgery Allegation

Case Brief

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Parties

Sandhar

Appellant

Sandhar & Kang Ltd & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the appellant has a real prospect of success in claiming beneficial ownership of the property
  2. 2 Whether summary judgment was appropriate under CPR 24.2(a)
  3. 3 Whether the 1992 transfer document was a forgery

Ratio Decidendi

The appellant had no real prospect of success as all evidence and conduct indicated the property was held on trust for the company, and the forgery allegation was wholly improbable and unsupported by credible evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; summary judgment for the respondent stands