“… Lawrence [2002] EWCA Civ 90, [2003] QB 528 and have most recently been considered by this court in Municipio de Mariana v. BHP Group plc [2021] EWCA Civ 1156, [2022] 1 WLR 919 (Municipio de Mariana) and UCP plc v. Nectrus Ltd [2022] EWCA Civ 949, [2023] 1 WLR 39 (UCP). It is worth noting that UCP was a case where an appeal was, excep…”
“…tical tool for the court, to enable it to identify the issues which it is being asked to decide, see Municipio de Mariana v BHP Group plc [2021] EWCA Civ 1156; [2022] 1 WLR 919 at paragraphs 113 and 114, and a Skeleton Argument is not the vehicle to use to introduce new grounds of appeal. In any event the relevant part of the Skeleton…”
“…umbrated in a series of recent cases were satisfied (see the summary of the law at [57]-[64] in Municipio de Mariana and v. BHP Group plc [2021] EWCA Civ 1156, [2022] 1 WLR 919Practice Note (Municipio de Mariana)). In essence, Mr McGrath submitted that the integrity of the second PTA application had been critically undermined, and tha…”