This test has subsequently been applied in Aerostar Mauntenance International Ltd v Wilson [2010] EWHC 2032 (Ch) at [183] ,[198] and endorsed by by the Court of Appeal in Starglade Properties Ltd v Nash [2010] EWCA Civ 1314 at [30]. An important clarification came about in Starglade, where Morritt C at [31] confirmed that the standard of behaviour is that of the ordinary honest person, not that of the most scrupulous honest person or the lowest common denominator of what ordinary people would consider as dishonest:

The relevant standard… is the ordinary standard of honest behaviour. Just as the subjective understanding of the person concerned as to whether his conduct is dishonest is irrelevant so also is it irrelevant that there may be a body of opinion which regards the ordinary standard of honest behaviour as being set too high.