“…hesitation in [Twinsectra], the law is settled on the objective test set out by Lord Nicholls of Birkenhead in [Tan]: see [Barlow Clowes], Abou-Rahmah v Abacha [2007] Bus LR 220 and Starglade Properties Ltd v Nash [2011] Lloyd’s Rep FC 102. The test now clearly established was explained thus in the Barlow Clowes case [2006] 1 WLR 1476,…”
“…When the case reached the Court of Appeal, the claimants did not pursue the Quistclose point: see [2006] EWCA Civ 1492, [2007] Bus LR 220, at paragraph 7.…”