The Court of Appeal on 12 April 2013 dismissed the appeal of the Royal Bank of Scotland in relation to its claim for an anti-suit injunction against the Highland Group and Scott Law in respect of proceedings brought by them in Texas. The Court dismissed the appeal, after hearing detailed submissions from Graham Dunning QC, Leading Counsel for Scott Law (whose Junior on the appeal was Jeremy Brier). The Court upheld the decision of Mr Justice Burton that the “unclean hands” of RBS meant it should not be granted the injunctive relief sought, even though the relevant jurisdiction clause was held to be an exclusive one. The leading judgment of Aikins LJ found that, through the lies, dishonesty and perjury of its key witness Mr Griffiths – which could be attributed to RBS – the Bank was guilty of deliberate misconduct that “could not be more immediately related to the equity that is sued for”. Further, the Court held that two previous judgments which RBS had obtained against the Highland Group – in respect of Liability and Quantum in relation to various Collateral Debt Obligation transactions – should be overturned on the basis that they were obtained only through the dishonest suppression of the true facts of the case.