- Cited — Rehana Azhar v All Money Matters T/A TFC Home Loans 2023-11-16
“…HHJ Lethem referred to the relevant authorities on the principle, culminating in Singh v Dass [2019] EWCA Civ 360 and Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146. In the latter case Snowden J said that there was a spectrum of cases. He continued at [27]:…”
- Applied — Blacklion Law LLP v Amira Nature Foods Ltd & Anor 2023-06-15
“…ties which have considered the test to be applied where new matters are raised on appeal such as Singh v Dass [2019] EWCA Civ 360, Notting Hill Finance vSheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146 and Hudson v Hathaway (supra). None of those cases addressed a situation where it was said that a full cause of action had not been pleaded a…”
- Cited — Blacklion Law LLP v Amira Nature Foods Ltd & Anor 2023-06-15
“…In Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146, Snowden LJ (then sitting in this court as Snowden J) amplified these criteria. He first said that there is no general rule that a case needs…”
- Explained — Amarjit Bhaur & Ors v Equity First Trustees (Nevis) Limited & Ors 2023-05-18
“… attend trial and to give evidence to explain his actions. On the basis of the approach to such applications which I explained in Notting Hill Finance v Sheikh [2019] EWCA Civ 1337, referring to Singh v Dass [2019] EWCA Civ 360, those factors told heavily against permitting Mr. O’Toole to re-engage with proceedings and to contest the alle…”
- Cited — Zymurgorium Ltd v Hammonds of Knutsford Plc 2023-01-30
“…In those circumstances the relevant principles are well established. They were summarised by Snowden J (as he then was) in Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337 at [21] to [28]. An appellate court has a discretion to allow new points to be taken on appeal. But it will not generally allow a new point to be taken if, had…”
- Cited — E D & F Man Capital Markets Limited v Come Harvest Holdings Limited & Ors. 2022-12-21
“…itted to withdraw its concession and advance the submission on appeal, in accordance with the approach taken in cases such as Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146.…”
- Cited — Lee Hudson v Jayne Hathway 2022-12-14
“…In Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146 Snowden LJ (then sitting in this court as Snowden J) amplified these criteria. He first said that there is no general rule that a case needs …”
- Cited — The Mayor and Burgesses of the London Borough of Tower Hamlets v Ali Jivaraj Khan 2022-06-21
“…ew points to be taken on appeal. The relevant principles have been discussed recently in Singh v Dass [2019] EWCA Civ 360 and Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146. On the other hand, just as a trial is “not a dress rehearsal” but “the first and last night of the show” (as Lewison LJ pointed out in Fage …”
- Cited — Bilal Ali (as personal representative of Farzand Ali (Deceased)) v Laith Khatib (as personal representative of Fateh Bubu (Deceased)) & Ors. 2022-04-08
“…[2019] EWCA Civ 1337…”
- Cited — Times Travel (UK) Limited & Anor. v Pakistan International Airlines Corporation 2022-03-29
“…metimes allows new points to be taken on appeal, and, as Snowden J (with whom Longmore and Peter Jackson LJJ agreed) noted in Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146, at paragraph 26, “there is no general rule that a case needs to be ‘exceptional’ before a new point will be allowed to be taken on appeal”.…”
- Explained — Jazztel Plc v The Commissioners for HMRC 2022-02-25
“…There is no general rule that a case needs to be “exceptional” before a new point will be allowed to be taken on appeal: see Notting Hill Finance Ltd v Sheikh[2019] EWCA Civ 1337, [2019] 4 WLR 146, at [26]. As, however, was explained by Haddon-Cave LJ, with whom McCombe and Moylan LJJ agreed, in Singh v Dass[2019] EWCA Civ 360 at [15]-[…”
- Cited — In the matter of Kings Solutions Group Limited 2021-12-17
“…ch matters could require any further evidence so that another hearing before the High Court should be required to deal with them: see e.g. Notting Hill v Sheikh[2019] EWCA Civ 1337 at [23]-[28].…”
- Followed — Griffiths v Tickle & Ors 2021-12-10
“…l-known. Two sources that are commonly cited are the judgments of this court in Singh v Dass [2019] EWCA Civ 360 [16-18], and Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146 [21-26]. The points of importance for the purposes of this case are the following. The decision is always one for the court’s discretion. The…”
- Applied — Aminat Saliu v The Entry Clearance Officer 2021-12-03
“…hat do not depend on additional facts and are suitable for consideration by this court, applying the principles identified in Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146.…”
- Cited — Vestel Elektronik Sanayi Ve Ticaret A.S. & Anor v Access Advance LLC & Anor 2021-03-26
“…rt of Appeal can allow new points of law to be taken on appeal in such circumstances (see Singh v Dass [2019] EWCA Civ 360 and Notting Hill FinanceLtd v Sheikh [2019] EWCA Civ 1337).…”
- Cited — Gray v Global Energy Horizons Corporation 2020-12-09
“…s: see, for example, the review of the relevant authorities by Snowden J (with whom Peter Jackson and Longmore LJJ agreed) in Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146, at [21] to [28].…”
- Cited — Ezair v Conn & Anor 2020-06-01
“…cisions of this court have confirmed that the power to allow reliance on new points is not confined to exceptional cases; see Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337 at [26]. It depends upon an analysis of all the relevant factors. But in the present case we are placed in the obvious difficulty of determining what arguments…”
- Cited — UK Learning Academy Ltd v Secretary of State for Education 2020-03-11
“…proval by Nourse LJ in Pittalis v Grant.As Snowden J said, in a judgment with which Longmore and Peter Jackson LJJ agreed, in Notting Hill Finance Ltd v Sheikh [2019] EWCA Civ 1337, [2019] 4 WLR 146 at [27]:…”