“…points made by Sheikh Mohamed in the original proceedings, did not achieve the required threshold. In response, Mr Bompas relied on Barclays Bank PLC v Eustice [1995] 1 WLR 1238 and Nationwide Building Society v Various Solicitors [1999] P.N.L.R. 52 to say that a lower threshold to establish fraud was sufficient and that Candey had mad…”
“…21The ratio and decision in [Barclays Bank Plc and Others v Eustice and Others [1995] 1 WLR 1238] is directly applicable and determinative of this case.”…”
“…don-Cave J applied the wrong test. He submits that there is a conflict between the decisions of this court in Barclays Bank Plc and Others v Eustice and Others [1995] 1 WLR 1238, where, as we have seen, Schiemann LJ treated the relevant criterion as being “iniquity”, and Gamlen Chemical Co (UK) Ltd v Rochem Ltd and Others (No 2) (1980)…”