Deng v Zhang & Anor [2024] EWHC 2392 (KB) (20 September 2024)

The First Respondent's failure to attend the appeal hearing was not for a good reason, as the failure to read the court's email was due to inadequate systems and overwork, which are not sufficient grounds for relief; the merits of the appeal also did not support setting aside the order.

Citation: [2024] EWHC 2392 (KB)
Parties: Claimant/first Respondent: Yan Deng; Defendant/appellant: Meng Zhang; Defendant/appellant: Shaoan Chen; Defendant/second Respondent: Rui Zhao
Jurisdiction: England and Wales
Judgment Date: 20 September 2024
Procedural Posture: Appeal / Application to Set Aside Appeal Order
Outcome: Application dismissed
Legal Topics: Relief From Sanctions, Costs Budgeting, Non Attendance at Hearing, Setting Aside Orders

Civil Procedure Relief From Sanctions Costs Budgeting Non Attendance at Hearing Setting Aside Orders

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1

Parties

Yan Deng

Claimant/first Respondent

Meng Zhang

Defendant/appellant

Shaoan Chen

Defendant/appellant

Rui Zhao

Defendant/second Respondent

Procedural Posture

Appeal / Application to Set Aside Appeal Order

Legal Issues

1 Whether the First Respondent had a good reason for not attending the appeal hearing
2 Whether the order of Saini J dated 20 March 2024 should be set aside
3 Whether relief from sanctions should be granted for late evidence

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Permission granted to rely on Bahia 2 and relief from sanctions for late filing of evidence
Application to set aside Saini J's 20 March 2024 order dismissed