“…The general approach to be adopted in relation to applications under CPR Part 39.3(3) was confirmed in Bank of Scotland v Pereira [2011] EWCA Civ 241; [2011] 1 WLR 2391 (“Pereira”). There Lord Neuberger MR stated:…”
“…In Bank of Scotland plc v Pereira[2011] 1 WLR 2391, Lord Neuberger MR provided the following guidance in relation to the three limbs of CPR 39.3(5) (see paras 24-26). (He also usefully articulated six guideline…”