Ajayi v Ebury Partners Ltd [2025] EWHC 3150 (Comm) (11 December 2025)

Ajayi v Ebury Partners Ltd [2025] EWHC 3150 (Comm) (11 December 2025)

The claimant failed to establish that any of the alleged misrepresentations by Ebury were made consciously or deliberately dishonestly, or that any new evidence was adduced that was not available at the original trial. The materials relied upon were either before the original court or could have been deployed with reasonable diligence. The requirements for setting aside a judgment for fraud were not met.

Citation
[2025] EWHC 3150 (Comm)
Parties
Claimant: Golda Ajayi; Defendant: Ebury Partners Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2025
Procedural Posture
Claim to Set Aside Judgment for Fraud / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Setting Aside Judgments for Fraud, Enterprise Management Incentive Schemes, Share Options, Materiality of New Evidence, Abuse of Process
Civil Procedure Fraud Employment Law Equity Setting Aside Judgments for Fraud Enterprise Management Incentive Schemes Share Options Materiality of New Evidence +1 more

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Parties

Golda Ajayi

Claimant

Ebury Partners Limited

Defendant

Procedural Posture

Claim to Set Aside Judgment for Fraud / Final Judgment After Trial

Legal Issues

  1. 1 Whether the judgment in Ajayi v Ebury Partners Limited [2020] EWHC 166 (Comm) should be set aside for fraud
  2. 2 Whether Ebury Partners Limited made fraudulent misrepresentations to the court
  3. 3 Whether the claimant has adduced new evidence not available at the original trial

Ratio Decidendi

The claimant failed to establish that any of the alleged misrepresentations by Ebury were made consciously or deliberately dishonestly, or that any new evidence was adduced that was not available at the original trial. The materials relied upon were either before the original court or could have been deployed with reasonable diligence. The requirements for setting aside a judgment for fraud were not met.

Court Disposition

Claim dismissed

Orders

  • The claim to set aside the judgment in Ajayi v Ebury Partners Limited [2020] EWHC 166 (Comm) is dismissed.
  • No order for summary judgment.