Yan Deng & Anor v Meng Zhang & Anor

Yan Deng & Anor v Meng Zhang & Anor

The First Respondent's failure to attend the appeal hearing was not for a good reason, as his solicitor's failure to read the court's email was not excusable, especially given a pattern of non-compliance and lack of robust systems. The merits of the appeal also weighed against setting aside the order, as the costs budget had not been properly filed or served. Relief from sanctions for late evidence was granted, but the application to set aside the appellate order was dismissed.

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
Civil Appeal / Application to Set Aside Appellate 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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Parties

Yan Deng

Claimant/first Respondent

Meng Zhang

Defendant/appellant

Shaoan Chen

Defendant/appellant

Rui Zhao

Defendant/second Respondent

Procedural Posture

Civil Appeal / Application to Set Aside Appellate Order

Legal Issues

  1. 1 Whether the order made in the First Respondent's absence should be set aside
  2. 2 Whether the First Respondent had a good reason for not attending the appeal hearing
  3. 3 Whether relief from sanctions should be granted for late evidence

Ratio Decidendi

The First Respondent's failure to attend the appeal hearing was not for a good reason, as his solicitor's failure to read the court's email was not excusable, especially given a pattern of non-compliance and lack of robust systems. The merits of the appeal also weighed against setting aside the order, as the costs budget had not been properly filed or served. Relief from sanctions for late evidence was granted, but the application to set aside the appellate order was dismissed.

Court Disposition

Application dismissed

Orders

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