“… was available in law as a matter of both EU and domestic law and that on the facts it was made out in respect of COMUGs but not COSUGs: [2013] EWHC 3091 (Ch); [2014] 2 CMLR 2 (“Recall HC”). Her decision was upheld by this Court where the lead judgment was given by Stephen Richards LJ:…”
“…t is exempt from any challenge at all. PPL is one example;Delaney, Bloomsbury and Recall Support Services Ltd v Secretary of State for Culture, Media and Sport [2014] 2 CMLR 2 are others Although I accept that there are important factual differences between this case and Recall, I note that at [220] Rose J (as she then was) accepted …”