“…Rather than “incompatible”, in Revenue and Customs v Total Network SL [2008] AC 1174, para 130, Lord Mance used the phrase “positively inconsistent”.”…”
“…mmon law and the statutory positions is unlikely to be sufficient unless they are substantial. The fact that the House of Lords was divided in Total Network SL [2008] AC 1174 shows how difficult it may sometimes be to decide on which side of the line a case falls. The question is whether, looked at as a whole, a common law remedy wo…”