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This is from the judgment (I suspect that Patel was decided after the judgment which is the subject of this appeal):

"i) Since the Supreme Court in Patel v Mirza [2016] UKSC 42 had overruled the reliance test in Tinsley v Milligan, the basis upon which the judge had based her decision was no longer the applicable law. Accordingly, the judgment could not stand and ought to be set aside, with the Court of Appeal applying the correct test as articulated in Patel v Mirza to the facts as found."

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