“…ach approved by the Supreme Court in Cartier International AG v British Telecommunications Plc [2008] UKSC 28, [2018] 1 WLR 3259; SES Contracting v UK Coal Plc [2007] EWCA Civ 791, [2007] 5 Costs LR 578; and Jofa Ltd v Benherst Finance Ltd [2019] EWCA Civ 899.…”
“…rned by what is now CPR 46.1 (quoted at paragraph 23 above). The effect of that rule was considered by the Court of Appeal in SES Contracting Ltd v UK Coal Plc [2007] EWCA Civ 791. At para 17 of the judgment, Moore-Bick LJ (with whom the other members of the court agreed) expressed the view that, by laying down a general rule that the pe…”