“…er of any rights without compliance with them having no effect as between the existing contracting parties (see Linden Gardens Trust v Lenesta Sludge Disposals [1994] 1 AC 85 at pp.108-109 and Hendry v Chartsearch [1998] CLC 1382 at pp.1393-1394, both of which were cited by Gloster J in a case on which Mr Boardman did rely, CEP Hold…”
“…which was permitted was a claim for ‘transferred loss’, in accordance with the decision of the House of Lords in Linden Gardens Trust v Lenesta Sludge Disposals[1994] 1 AC 85, as discussed and explored in subsequent cases.…”