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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Sikka v Davidson [2001] EWCA Civ 1172 (3 July 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1172.html Cite as: [2001] EWCA Civ 1172 |
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IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE EPSOM COUNTY COURT
(JUDGE HULL Q.C.)
Strand London WC2 Tuesday, 3rd July 2001 |
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B e f o r e :
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PARVEEN SIKKA | Applicant | |
- v - | ||
EDITH DAVIDSON | Respondent |
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Smith Bernal International
190 Fleet Street, London EC4A 2AG
Telephone 020 7404 1400 Fax 020 7831 8838
(Official Shorthand Writers to the Court)
THE RESPONDENT did not appear and was not represented.
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Crown Copyright ©
Tuesday, 3rd July 2001
Part 52.
"It may be that he [that is, Mr. Sikka] will not stand up, so to speak, to five minutes of the heat when he actually comes to be asked how he came to sign this agreement, but it seems to me that there is just enough material to enable me to say - and I do say - that I am not entirely happy; I have an uneasy feeling about the District Judge's conclusion because she did not deal with this, and I do not think that I can satisfactorily deal with it on the material before me in the sense of saying it is absolutely hopeless and should be chased out of court without a hearing.
"In those circumstances I am, as it used to be put, just prepared to allow the case to be defended."
"exhausted all commercial sources for the raising of the lump sum the Court has ordered me to pay. I cannot raise any more against the security of my own and my wife's house..."
"... I do not have any other assets available by way of security and could not service any greater mortgage in any event. However, I will be able to raise £20,000 from a very good friend who has stood by me in the past."
"My state of mind, as I recall it, was that had it not been possible to order the Defendant to pay in almost the whole sum which was being claimed I would not have allowed him leave to defend."
"I think my doubts are quite insufficient, there is no real prospect of defending this case."
"... I say only I think that is probably what I would have said. It is my present feeling that I would certainly have said that. There it is."
"As I say, my present feeling is, had the sum of £75,000 not been available to pay into court I would most certainly have dismissed the appeal."
"It seems to me that my order must stand unless I can properly interfere with it and I do not think I can properly revisit the order. The remedy of Mr. Sikka, if there is to be one, must be in my judgment by an appeal. Otherwise my order must stand. It is not alleged to be a nullity, it is simply alleged that I have a discretion to revisit it."