“…it seems: one authority that would require careful attention in this connection is the decision of this Court in Melia v Magna Kansei Ltd [2005] EWCA Civ 1547, [2006] ICR 410, to which brief reference was made in the skeleton arguments but on which we were not addressed.”…”
“… (see para. 53 above) I said that it would be necessary to consider with some care the decision of this Court in Melia v Magna Kansei Ltd [2005] EWCA Civ 1547, [2006] ICR 410, but I think it will be more convenient at this stage to leave it to one side: I return to it at paras. 85-90 below.…”