“… from court proceedings and the result - serious though that may be - is that the case must be decided in the absence of that evidence: see Hamilton v Al Fayed [2001] 1 AC 395, at 403-404 (Lord Browne-Wilkinson).…”
“…e defence of a claim, this may make it necessary to strike out an otherwise justiciable claim on the ground that it cannot fairly be tried: Hamilton v Al Fayed [2001] 1 AC 395.…”
“…) this may make it necessary to strike out an otherwise justiciable claim, points in favour of granting a stay in the present case. So does Hamilton v Al Fayed [2001] 1 AC 395, to which the Supreme Court referred.…”