“…e”. So “the first element of the test set out in [paragraph 66 of Carnwath L.J.’s judgment in E v Secretary of State for the Home Department [2004] EWCA Civ 49,[2004] Q.B. 1044] [was] not satisfied”. There was “no mistake as to an existing fact in terms of whether or not grant funding had been secured from the GLA for the affordable h…”
“…principles in Ladd v Marshall [1954] 1 W.L.R. 1489, Hertfordshire Investments Ltd. v Bubb [2000] W.L.R. 2318 and E v Secretary of State for the Home Department [2004] Q.B. 1044. As Hale L.J., as she then was, said in Bubb, parties “should put their full case before the court at trial and should not be allowed to have a second bite at …”
“…Mr Edwards relied on principles confirmed by Carnwath L.J., as he then was, in his judgment in E and R v Secretary of State for the Home Department [2004] Q.B. 1044: that “a mistake of fact giving rise to unfairness is a separate head of challenge in an appeal on a point of law” (paragraph 66); that such an appeal may be m…”