“…In those circumstances, and applying the principles relating to new points on appeal recently summarised by Lewison LJ in Hudson v Hathaway [2022] EWCA Civ 1648 at [34]-[35], it would not be just to permit the Trustees to pursue Ground 1.…”
“…e of Mr Chanana’s authority. Mr Russell accepted, however, that we should adopt the approach in relation to a new point on appeal outlined in Hudson v Hathaway [2022] EWCA Civ 1648. We must consider the overall balance of justice. He says that when doing so the fact that the judgment as it stands is wrong in law, is a very powerful factor…”