“…d be given. Applying the principles set out by Christopher Clarke LJ in Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy [2016] EWCA Civ 710 [37], he granted permission on a condition set out in paragraph 3 of the order. This was that Trustco must by 11 June 2021 (a) pay into court the sum of US $21…”
“…he appeal proceeding, guidance as to the approach is to be found in Merchant International Company Limited v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy [2016] EWCA Civ 710 (a case considering the imposition of a condition under CPR 52.18(1)(c), not a strike-out under CPR 52.18(1)(a)). At [37] Christopher Clarke LJ stated that the…”