“…thews heard certain preliminary issues at two hearings in November 2020. He gave two judgments in favour of the defendants in March 2021 ([2021] EWHC 670 (Ch), [2021] 4 WLR 71, and [2021] EWHC 671 (Ch)). In March 2022 the Court of Appeal dismissed the Brakes’ appeal against the second of those judgments ([2022] EWCA Civ 235).…”
“…lable as a matter of law. Both judgments were reserved and delivered on 25 March 2021. In the “preliminary issue” judgment, (reported at [2021] EWHC 670 (Ch)), [2021] 4 WLR 71, it was held that the claimants had not shown that the “iniquity defence” put forward by the defendants could not succeed as a matter of law. That decision doe…”