“…The leading case in a commercial context in this jurisdiction is Sarrio SA v Kuwait Investment Authority [1999] 1 AC 32. Lord Saville of Newdigate, giving the only substantive speech in the House of Lords, noted that in the The Tatry the ECJ had rejected the argument that the ph…”
“…Sometime before Wermuth, the House of Lords heard Sarrio SA v Kuwait Investment Authority [1999] 1 AC 32, a case more directly on point, involving English and Spanish actions where the regulation in question was in identical terms to those with which this court is…”