“…should accordingly not depart from what is a well-established line of English dicta (see Condé Nast Publications Limited v Commissioners of HM Revenue & Customs[2006] EWCA Civ 976 at [44]; O’Byrne v Avenis Pasteur MSD Ltd[2007] EWCA Civ 996 at [34] and [35]; Actavis UK Ltd v Merck & Co Inc[2008] EWCA Civ 444 at [107]).…”
“… the doctrine of precedent over its own misgivings on a question of EU law has been considered by the Court of Appeal in Condé Nast Publications Limited v HMRC [2006] EWCA Civ 976 where a distinction was drawn between an earlier decision of the higher court which had considered the point of EU law by reference to all the relevant CJEU au…”