“…This test has been approved/applied in a number of subsequent cases including ABCI v Banque Franco-Tunisienne [2003] EWCA Civ 205 and Newsat Holdings Limited v Zani [2006] EWHC 342 (Comm).…”
“…For her part counsel for FS Cairo relied strongly on The Eras Eil [1992] 1 Lloyds Rep 570 and ABCI v Banque Franco-Tunisienne [2003] EWCA Civ 205, [2003] 2 Lloyds Rep 146.…”
“…In ABCI v Banque Franco-Tunisienne and others [2003] EWCA Civ 205; [2003] 2 Lloyd’s Rep 146 Mance LJ, giving the judgment of a court which included Tuckey LJ and Black J, said this at [44] in relation to the former O.11 rule …”