“…ppeal has considered whether particular issues are “as to” damageson a few earlier occasions. In Enron Coal Services Ltd v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647 at paragraphs [23]-[24] (“Enron”) Patten LJ considered that decisions which amounted to the rejection of a claim (such as a strike out decision), and those ref…”
“…. In each of them, the leading judgment was delivered by Patten LJ. The first is Enron CoalServices Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647, [2010] Bus LR 28 (“Enron”). The second concerned a preliminary issue in the Merricks litigation, seeking determination of the question whether this court had …”
“…See English Welsh and Scottish Railway Limited v. Enron Coal Services Limited [2009] EWCA Civ 647 at [22]-[28], and Merricks v. MasterCard Incorporated and others [2018] EWCA Civ 2527 at [20]-[28] (heard in the Supreme Court on 13 and 14 May 2020).…”
“…t did not, however, provide for an aggregate award of damages: see s.47B(6). In Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647 this Court had to consider a challenge to its jurisdiction in relation to a decision of the tribunal refusing to strike out part of a follow-on claim under s.4…”