Deutsche Leasing (UK) Ltd v Zaskin College Ltd & Ors [2018] EWHC 1977 (QB) (01 August 2018)

Deutsche Leasing (UK) Ltd v Zaskin College Ltd & Ors [2018] EWHC 1977 (QB) (01 August 2018)

The application for extension of time to appeal was refused because the Appellants' Notice was filed 44 days out of time, the breaches of the rules were serious and significant, no good reason was provided for the defaults, and the conduct of the Appellants prevented efficient litigation and prejudiced the Respondent. The court emphasized the need to enforce compliance with procedural rules and found that the Appellants' explanations were inadequate. Consequently, the applications to amend the grounds of appeal and to adduce fresh evidence also failed.

Citation
[2018] EWHC 1977
Parties
Claimant/respondent: Deutsche Leasing (UK) Limited; Defendant/appellant: Zaskin College Limited; Defendant/appellant: Syed Ali Raza Kazmi; Third Party: DMG Mori UK Limited
Jurisdiction
England and Wales
Judgment Date
01 August 2018
Procedural Posture
Appeal (queen's Bench Division, High Court) / Application for Extension of Time to Appeal, Permission to Amend Grounds of Appeal, and Permission to Adduce Fresh Evidence
Outcome
Applications dismissed
Legal Topics
Extension of Time for Appeal, Relief From Sanctions, Lease Agreements, Personal Guarantee, Adducing Fresh Evidence on Appeal, Implied Terms, Breach of Contract
Civil Procedure Contract Law Extension of Time for Appeal Relief From Sanctions Lease Agreements Personal Guarantee Adducing Fresh Evidence on Appeal Implied Terms +1 more

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Parties

Deutsche Leasing (UK) Limited

Claimant/respondent

Zaskin College Limited

Defendant/appellant

Syed Ali Raza Kazmi

Defendant/appellant

DMG Mori UK Limited

Third Party

Procedural Posture

Appeal (queen's Bench Division, High Court) / Application for Extension of Time to Appeal, Permission to Amend Grounds of Appeal, and Permission to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether the application for extension of time to appeal should be granted under CPR r 52.15
  2. 2 Whether permission should be granted to amend the grounds of appeal and adduce fresh evidence under CPR 52.21(2)
  3. 3 Whether the trial judge erred in findings of fact regarding breach of contract, implied terms, and dishonesty

Ratio Decidendi

The application for extension of time to appeal was refused because the Appellants' Notice was filed 44 days out of time, the breaches of the rules were serious and significant, no good reason was provided for the defaults, and the conduct of the Appellants prevented efficient litigation and prejudiced the Respondent. The court emphasized the need to enforce compliance with procedural rules and found that the Appellants' explanations were inadequate. Consequently, the applications to amend the grounds of appeal and to adduce fresh evidence also failed.

Court Disposition

Applications dismissed

Orders

  • Application for extension of time to appeal refused
  • Applications for permission to amend grounds of appeal and to adduce fresh evidence refused