“…Three Rivers Council v The Governor and Company of the Bank ofEngland (No 5) [2003] EWCA Civ 474; [2003] QB 1556 (the judgment of this court (Lord Phillips of Matravers MR, Sedley and Longmore LJJ) on appeal from Tomlinson J (“Three Rivers (No 5)”) at [32]…”
“…The point is clearly established by Three Rivers District Council and Others v Governor and Company of the Bank of England (No 5)[2003] EWCA Civ 474, [2003] QB 1556, para 21, Longmore LJ, giving the judgment of the court, said:…”