“…er an obligation to determine independently of the parties’ respective submissions. As to the latter proposition, Mr Hames relied on Rogers-Headicar v Headicar [2004] EWCA Civ 1867, [2005] 2 FCR 1 in which Thorpe LJ said:…”
“…Mr Amos also cited the decision of this Court in Rogers v Rogers-Headicar [2004] EWCA Civ 1867 in which Thorpe LJ at [13] identified a “fundamental flaw” in counsel’s argument as being…”