“…t this Court is as well-placed as the judge to assess that evidence. He relied in particular on Lord Leggatt’s judgment in Brownlie v FS Cairo (Nile Plaza) LLC [2021] 3 WLR 1011 at [148]. However, the focus of Lord Leggatt’s comments there was on whether the evidence of an expert witness was required. Lord Leggatt explained that in som…”
“…s to me legitimate. Since the hearing before us the Supreme Court has analysed this topic in some depth in FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45, [2021] 3 WLR 1011. As Lord Leggatt put it at [149], “[t]he essential point is that the presumption of similarity is only ever a basis for drawing inferences about the probable c…”