“… rely on the different domestic law causes of action (contract and tort) on which the claims are based; see proposition (i) above derived from The Alexandros T [2014] Bus LR 873 [that the phrase has an independent and autonomous meaning as a matter of European law and is not to be interpreted according to criteria of national law].”…”
“… authoritatively examined by the Supreme Court in Starlight Shipping Company v Allianz Marine and Aviation, Versicherungs AG (The Alexandros T) [2013] UKSC 70, [2014] Bus LR 873. The leading judgment is that of Lord Clarke, with whom Lord Sumption and Lord Clarke agreed and Lord Neuberger and Lord Mance in large part agreed.…”