“…In TBO Investments Ltdv Mohun Smith and another [2016] EWCA Civ 403; [2016] 1 WLR 2919 (“TBO Investments”) at [26],Lord Dyson MR had the opportunity to address head on the question of whether there was any material distinction between an applicat…”
“…In addition, in Mohun-Smith & Another v TBO Investments Limited [2016] 1 WLR 2919, Lord Dyson MR pointed out the differences between the less rigorous approach applicable to an application under r.39.3(3) and the more rigorous test required …”