“…House of Lords subsequently indicated that the case should be decided on a different basis: see R v Secretary of State for the Home Department ex p. Al-Mehdawi [1989] 2 WLR 603. If that were correct, the decision of the Court of Appeal in Aweys would be persuasive but not binding. I would, in any event, follow the decision of a majori…”
“… longer binding, although it remains persuasive authority: Balabel v Air-India [1988] Ch. 317, 325; R (Al-Mehdawi) v Secretary of State for the Home Department [1989] 2 WLR 603, 608. However, since, on my reading, both Parker and Nicholls LJJ took a narrower view of the width of the equitable jurisdiction than Sir Nicolas BrowneWilkin…”