“…procedural issue, Henderson LJ referred to two previous Court of Appeal decisions. The first was Enron Coal Services Ltd v English Welsh & Scottish Railway Ltd [2010] Bus LR 28, in which the issue was whether the court had jurisdiction to hear an appeal from the CAT’s decision refusing to strike out a claim for damages brought by an i…”
“…e leading judgment was delivered by Patten LJ. The first is Enron CoalServices Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647, [2010] Bus LR 28 (“Enron”). The second concerned a preliminary issue in the Merricks litigation, seeking determination of the question whether this court had jurisdiction to en…”
“… section 49(1A)(a) would extend to both the grant or refusal of an application to strike out is necessitated by the decision in the EnronCoal Services Ltd case [2010] Bus LR 28. But that decision, he submits, is limited to saying that a “decision as to the award of damages” can include a strike-out decision because that involves a det…”