Extract to table

First, the applicant must establish that a serious irregularity falling within the closed list of categories set out in Section 68(2)(a) through (i) has occurred

Second, the applicant must show that the irregularity "has caused or will cause substantial injustice" to the applicant

The Dow Chemical Company [2012] EWHC 2739 (Comm), the court must guard against attempts to use Section 68 as a "backdoor" appeal on the merits

The applicant must demonstrate that the irregularity caused or will cause substantial injustice — that is, that it made a material difference to the outcome

Al Shamsi [2012] EWHC 3283 (Comm) at [85], the applicant must show that, but for the irregularity, "the tribunal might well have reached a different conclusion

First, the scope of Section 68(2)(d) must be properly understood