“… may give rise to the concern that they strayed into areas which were the sole preserve of the trial judge (see Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5; [2014] F.S.R. 29 at [114]). However, we make clear that we have formed no view as to the merits of those points one way or the other, and therefore cannot say whether, if they …”
“…e judge. As I have said before, the trial is not a dress rehearsal: it is the first and last night of the show: Fage UK Ltd v Chobani UK Ltd [2014] EWCA Civ 5, [2014] F.S.R. 29 at [114].…”