“…, and that there was an overlap of the burden of proof with the “good arguable case” test set out in forum non conveniens cases, see Canada Trust v Stolzenburg [1998] 1 WLR 547 and Goldman Sachs International v Novo Banco SA [2018] 1 WLR 3863 at paragraph 9. These submissions were notable by their absence from the proceedings at first…”
“…An attempt to clarify the practical implications of these principles was made by the Court of Appeal in Canada Trust v Stolzenberg (No. 2) [1998] 1 WLR 547. Waller LJ, delivering the leading judgment observed, at p. 555:…”