“…I do not accept this submission. As the judge rightly observed, election is a question of fact: see Evans v Bartlam [1937] AC 473 at 485 (Lord Wright). As such, I agree with the judge that the matter was not fit for summary determination, particularly given that suing Mr Martin for breach…”
“…There is a further aspect to the issue this time, however. As counsel for Rhino pointed out, election is a question of fact: Evans v Bartlam [1937] AC 473 at 485 (Lord Wright). Mr Taylor’s grounds of appeal did not mention any challenge to a finding of fact by the Judge. Nor did his skeleton argument in support o…”