“…: see e.g. Cartier International AG v British Sky Broadcasting Ltd [2014] EWHC 3354 (Ch), [2015] Bus LR 298 at [182] and [254]-[257] affd. [2016] EWCA Civ 658, [2017] Bus LR 1.In the present context, this provides another reason why it is important to insist that damages claimed are not only factually, but also legally, caused by inf…”
“… AC 284, in a passage at p. 308 cited more recently with approval by this Court in Cartier International AG v British Sky Broadcasting Ltd [2016] EWCA Civ 658, [2017] Bus LR 1 at [46]). The passage was concerned to emphasise the width and flexibility of the s. 37 jurisdiction to adapt to changing conditions and standards, but I accep…”