“…se are: Director General of Fair Trading v First National Bank plc [2001] UKHL 52, [2002] 1 AC 481; Aziz v Caixa d'Estalvis de Catalunya [2013] EUECJ C-415/11, [2013] 3 CMLR 89; and Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67, [2016] AC 1172. The circumstances in which the issues in those cases arose were very diffe…”
“…ional Bank plc [[2001] UKHL 52] [2002] 1 AC 481. But it is sufficient now to refer to Aziz v Caixa d’Estalvis de Catalunya, Tarragona i Manresa (Case C-415/11) [2013] 3 CMLR 89, which is the leading case on the topic in the Court of Justice of the European Union. Aziz was a reference from a Spanish court seeking guidance on the criter…”