Deutsche Leasing (UK) Ltd v Zaskin College Ltd & Ors

Deutsche Leasing (UK) Ltd v Zaskin College Ltd & Ors

The application for extension of time was refused because the defaults were serious and significant, no good reason was provided for the delay, and the balance of circumstances weighed against granting relief. The fresh evidence did not meet the Ladd v Marshall criteria and would not have affected the outcome. Procedural fairness regarding findings of dishonesty was satisfied as the issue was put to the witness and addressed in evidence.

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
Civil Appeal / Application for Extension of Time, Permission to Amend Grounds of Appeal, and Permission to Adduce Fresh Evidence
Outcome
Application for extension of time refused; applications for permission to amend grounds of appeal and to adduce fresh evidence also refused.
Legal Topics
Lease Agreements, Personal Guarantee, Extension of Time, Appeal Procedure, Adducing Fresh Evidence, Relief From Sanctions
Contract Law Civil Procedure Lease Agreements Personal Guarantee Extension of Time Appeal Procedure Adducing Fresh Evidence Relief From Sanctions

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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

Civil Appeal / Application for Extension of Time, Permission to Amend Grounds of Appeal, and Permission to Adduce Fresh Evidence

Legal Issues

  1. 1 Whether extension of time for filing appeal should be granted
  2. 2 Whether permission to amend grounds of appeal should be granted
  3. 3 Whether permission to adduce fresh evidence should be granted

Ratio Decidendi

The application for extension of time was refused because the defaults were serious and significant, no good reason was provided for the delay, and the balance of circumstances weighed against granting relief. The fresh evidence did not meet the Ladd v Marshall criteria and would not have affected the outcome. Procedural fairness regarding findings of dishonesty was satisfied as the issue was put to the witness and addressed in evidence.

Court Disposition

Application for extension of time refused; applications for permission to amend grounds of appeal and to adduce fresh evidence also refused.

Orders

  • Refusal of extension of time to appeal
  • Refusal of permission to amend grounds of appeal