Inner Mongolia King Deer Cashmere v Haian Ma

Inner Mongolia King Deer Cashmere v Haian Ma

The court reserved the costs of the claimant's debarring application to be determined at final disposal, as the scope of the application had narrowed due to payment of costs. The defendant was granted permission to rely on medical expert evidence, as it was realistically arguable that such evidence could be material to the set-aside application. The defendant was awarded costs of the expert evidence application, with a payment on account ordered.

Parties
Claimant: Inner Mongolia King Deer Cashmere; Defendant: Haian Ma
Jurisdiction
England and Wales
Judgment Date
21 October 2025
Procedural Posture
Commercial Court Claim / Interlocutory Judgment on Applications
Outcome
Costs of claimant's debarring application reserved; defendant granted permission to rely on medical evidence; defendant awarded costs of expert evidence application.
Legal Topics
Costs Orders, Relief From Sanctions, Permission to Rely on Expert Evidence, Default Judgment, Set Aside Applications
Civil Procedure Commercial Law Costs Orders Relief From Sanctions Permission to Rely on Expert Evidence Default Judgment Set Aside Applications

Case Brief

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Parties

Inner Mongolia King Deer Cashmere

Claimant

Haian Ma

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Judgment on Applications

Legal Issues

  1. 1 Whether the claimant is entitled to a debarring or unless order due to the defendant's failure to pay costs
  2. 2 Whether the defendant should be permitted to rely on medical expert evidence in support of his set-aside application

Ratio Decidendi

The court reserved the costs of the claimant's debarring application to be determined at final disposal, as the scope of the application had narrowed due to payment of costs. The defendant was granted permission to rely on medical expert evidence, as it was realistically arguable that such evidence could be material to the set-aside application. The defendant was awarded costs of the expert evidence application, with a payment on account ordered.

Court Disposition

Costs of claimant's debarring application reserved; defendant granted permission to rely on medical evidence; defendant awarded costs of expert evidence application.

Orders

  • Costs of claimant's October 2024 application reserved to final disposal.
  • Defendant granted permission to rely on third witness statement and expert reports of Dr Yunhong Wang and Dr John Pilgrim.