“…Neuberger in Arnold v Britton at [19]-[20] and was referred to by Jackson LJ in this Court in Grove Developments Ltd v Balfour Beatty Regional Construction Ltd [2016] EWCA Civ 990 at [39]-[42]. If therefore cl 3.6.1 had said in terms that if Mr Pease set up an ESSF as one of the subfunds of an umbrella Henderson OEIC, he would be permitt…”
“…tor during the project, to assist with cashflow. Some agreements – and a recent example is in Balfour Beatty Regional Developments Ltd v Grove Developments Ltd [2016] EWCA Civ 990, (2016) 168 ConLR 1, [2017] 1 WLR 1893 – actually identify in advance the specific dates in different months when each instalment or stage payment will be appl…”