“…mined in a number of well-known cases, including Hashtroodi; Collier v Williams [2006] EWCA Civ 20, [2006] 1 WLR 1945; Hoddinott v Persimmon Homes (Wessex) Ltd [2007] EWCA Civ 1203, [2008] 1 WLR 806 (“Hoddinott”); FG Hawkes (Western) Ltd v Beli Shipping Co Ltd [2009] EWHC 1740 (Comm), [2009] All ER D 207; Cecil; Al-Zahra (PVT) Hospital an…”
“…ictional challenge, it is not open to subvert those requirements by the backdoor by invoking the power under CPR 3.4: Hoddinott v Persimmon Homes (Wessex) Ltd. [2007] EWCA Civ 1203. However, as Peter Jackson LJ pointed out in argument, Hoddinott was a case in which the defendant making the application was a fully functioning company which…”