“…The submission is also inconsistent with what Gloster LJ in Spencer Day v Tiuta International [2014] EWCA Civ 1246 (para 11) called the well-known principle that…”
“…k it unfortunate that the judge was not referred (until after he had given his judgment) to the decision of this court in Spencer Day v Tiuta International Ltd [2014] EWCA Civ 1246, nor to any other case in what Gloster LJ (at para 11 of the Spencer Day case) rightly described as “a long line of binding decisions of the Court of Appeal”. …”