“…nt Court of Appeal cases have suggested obiter, without deciding, that the test in Hamilton might be preferable (see Salekipour v. Parmar [2017] EWCA Civ 2141; [2018] 2 WLR 1090 at [93] to [94] per Sir Terence Etherton MR, and Terry v. BCS Corporate Acceptances Ltd [2018] EWCA Civ 2422 at [37]-[38] per Hamblen LJ giving the judgment of…”
“… 3.1(7). Sir Terence Etherton MR described there being “a lack of clarity about the precise scope” of the latter in Salekipour and another v Parmar and another [2018] 2 WLR 1090, [69]. I would respectfully agree with his observation that, on a “literal reading”, it cannot apply to circumstances such as these, since an order made under …”