“… British Airways (The Times 26 January 2000, CA). In that case, the Court of Appeal referred back to the decision of the House of Lords in Barrett v Enfield DC [2001] 2 AC 550 where Lord Browne-Wilkinson said at 557e-g:…”
“…n the class of cases which needs to be fully argued in order that the law may develop in an uncertain area of law: see Barrett v Enfield London Borough Council [2001] 2 AC 550 at 557 per Lord Brown-Wilkinson. This case falls within Lord Hoffmann’s test in Gray, supported by Lord Toulson at [99] of Patel v Mirza. The punishment was la…”
“…w is not settled but is in a state of development … it is normally inappropriate to decide novel questions on hypothetical facts’); Barrett v Enfield London BC [2001] 2 AC 550, 557 (strike out cases); Home and Overseas Insurance Co. Ltd. v Mentor Insurance Co. (U.K.) Ltd. [1990] 1 WLR 153 (summary judgment). In the context of interlo…”