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 breach was serious and significant, there was no good reason for the default, and the balance of circumstances weighed against granting relief. The Appellants' conduct caused inefficiency, prejudice, and increased costs, and the absence of a proper explanation underscored the need to enforce compliance with rules. As a result, the applications to amend the grounds of appeal and to adduce fresh evidence also failed.

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

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Parties

Deutsche Leasing (UK) Limited

Claimant/respondent

Zaskin College Limited

First Defendant/appellant

Syed Ali Raza Kazmi

Second Defendant/appellant

DMG Mori UK Limited

Third Party

Procedural Posture

Civil Appeal / 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
  2. 2 Whether permission to amend the grounds of appeal should be granted
  3. 3 Whether permission to adduce fresh evidence on appeal should be granted

Ratio Decidendi

The application for extension of time to appeal was refused because the Appellants' Notice was filed 44 days out of time, the breach was serious and significant, there was no good reason for the default, and the balance of circumstances weighed against granting relief. The Appellants' conduct caused inefficiency, prejudice, and increased costs, and the absence of a proper explanation underscored the need to enforce compliance with rules. As a result, the applications to amend the grounds of appeal and to adduce fresh evidence also failed.

Court Disposition

Applications refused

Orders

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