“… that the obiter observations in Potter, Buxton and Hooper LJJ in PT Pan Indonesia Bank Ltd TBK v Marconi Communications International Ltd [2005] EWCA Civ 422, [2007] 2 Lloyd’s Rep 72 at [70] (quoted by Underhill LJ at paragraph 188) “provided no support for the proposition that the parties were entitled to proceed on an unreal basis either …”
“… the observations of this Court (Potter, Buxton and Hooper LJJ) inPT Pan Indonesia Bank Ltd TBK v Marconi Communications International Ltd [2005] EWCA Civ 422, [2007] 2 Lloyd's Rep 72. That case was concerned with a challenge to the grant of permission to serve proceedings out of the jurisdiction. One of the grounds involved the issue of the…”