“…r cause of action to trial (see for example Wallis v Valentine [2002] EWCA Civ 1034 at para. [31], approving the dicta of Simon Brown LJ in Broxton v McCelland [1995] EMLR 485 at pp. 497-498); JSC BTA Bank v Ablyazov [2011] EWHC 1136 at para. [10]; Optaglio Ltd v Thomas Tethal [2015] EWCA Civ 1002 at para. [63]).…”
“…motive and intention were irrelevant in considering whether proceeding were an abuse (referring to Broxton v McClelland [1995] EMLR 485), such that consideration of the reasons for the exclusions (including that they were at Mr Skurikhin’s behest and for his benefit) were inappropriate;…”
“…d reasonably have foreseen that it would take place: see for example McManus v Beckham [2002] 1 WLR 2982. Mr Browne relies in particular on Broxton v McLelland [1995] EMLR 485, Richardson v Schwarzenegger [2004] EWHC QB 2422 (another decision of Eady J) and Mahfouz v Brisard [2005] EWHC QB 2304 to show that in the former case the tes…”