Yang v The Official Receiver

LADY JUSTICE GLOSTER Vice President of the Court of Appeal, Civil Division and SIR PATRICK ELIAS ____________________

The Appellant did not appear and was not represented Ms Carly Sandbach (instructed by Pannone) for the Second Respondent Ms Karen Troy (instructed by QualitySolicitors Jackson Canter) for the Third Respondent Hearing date : 23 March 2017 Further submissions filed : 29 March 2017, 10 April 2017, 21 April 2017 and 11 May 2017 ____________________

i) The medical evidence was extremely unsatisfactory: the initial medical note from a private medical practice provided no explanation as to why the appellant's condition prevented her from attending; the NHS report merely recorded the appellant's complaint, without expressing any clinical view; and I was not satisfied that I could rely on the short note from a Chinese medical practitioner again recording the appellant's complaint. In any event, the symptoms of which the appellant complains would inevitably reoccur upon any adjourned hearing.

ii) This case has already been subject to inordinate delays. This set of applications appeared to be the fifth incidence of the appellant seeking a last-minute adjournment on one basis or another.

iii) The court has had the benefit of written submissions prepared by counsel on behalf of the appellant.