“…down by the CJEU when determining any question as to the meaning or effect of any provision contained in Schedule 4. In Kleinwort Benson v Glasgow City Council [1999] 1 AC 153 at p. 163 D – G, Lord Goff explained that it would only be in a rare case where a provision of Schedule 4 bears a materially different meaning from the corresp…”
“…ion that claims for unjust enrichment did not depend on wrongdoing and therefore were not matters relating to tort within Art. 7(2): Kleinwort Benson v Glasgow [1999] 1 AC 153, at pp. 172, 177 and 196.…”
“…rton submits (and it is common ground) that Schedule 6 to the 2011 Maintenance Regulations are purely domestic law (see Kleinwort Benson v Glasgow City Council [1999] 1 AC 153). Mr Horton goes on to submit that once the 2011 Maintenance Regulations had been adopted (via Schedule 6) to apply in intra UK disputes, the court should, not…”