“… to [80] that Lord Sumption’s formulation of the test in Brownlie, approved by the Supreme Court in Goldman Sachs International v Novo Banco SA [2018] UKSC 34, [2018] 1 WLR 3683 at [9], must now be taken as authoritative, and that this is a relative test requiring the court to decide whether the claimant has the better of the argument …”
“…are noted by the judge at [54], to which should be added the recent decision of the Supreme Court in Goldman Sachs International v Novo BancoSA [2018] UKSC 34, [2018] 1 WLR 3683, where Lord Sumption JSC (with whom the other members of the court agreed) said at [12]:…”