“…ound was that the judge had adopted the wrong test for materiality. The judge had wrongly followed Royal Bank of Scotland plc v. Highland Financial Partners LP [2013] EWCA Civ 328, [2013] 1 CLC 596 (Highland) at [106]. Aikens LJ said there that the fresh evidence (a) must demonstrate that the concealment of documents or previous evidence…”
“…inciples governing applications to set aside judgments for fraud were as summarised by Aikens LJ in Royal Bank of Scotland plc v Highland Financial Partners lp [2013] EWCA Civ 328, [2013] 1 CLC 596 in the following passage at paragraph 106:…”
“…the judge described as “other justified criticisms” of their conduct, the judge concluded, applying Royal Bank of Scotland Plc v Highland Financial Partners LP [2013] EWCA Civ 328 and Freifeld v West Kensington Court Ltd [2015] EWCA Civ 806, that the charterers were barred from claiming the equitable remedy of relief against forfeiture.…”
“…ene”. The principles governing applications of that kind were summarised as follows by Aikens LJ in Royal Bank of Scotland plc v Highland Financial Partners LP [2013] EWCA Civ 328, [2013] 1 CLC 596 in a passage at paragraph 106 approved by the Supreme Court in Takhar v Gracefield Developments Ltd [2019] UKSC 13, [2020] AC 450 (see paragr…”
“…” and that it was “material” to the decision reached – see the Court of Appeal decision in Royal Bank of Scotland Plc v Highland Financial Partners LP & Others [2013] EWCA Civ 328 at [106].…”