“…st”. That test was first proposed by Mummery LJ (with whom Brooke LJ expressly agreed) in BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 939, [2004] FSR 9 at [9]. The appeal in that case was dismissed because the judge’s order was “not manifestly unjust in all the circumstances”: [20]. That test was approved by t…”
“…hich the parties had settled the claim bar costs, the principles stated by Chadwick LJ in BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 939, [2004] FSR 9 in relation to such cases were applicable by analogy:…”