“…On its way to Luxembourg, Zipvit was considered by this court: [2018] EWCA Civ 1515, [2018] 1 WLR 5729. Henderson LJ gave the only reasoned judgment. He considered Barlis and other EU case-law in some detail. At [108] he said:…”
“… available to Mrs Potter and known to her at those earlier stages. A similar point was made before this court in Zipvit Ltd v Revenue and Customs Commissioners [2018] EWCA Civ 1515, [2018] 1 WLR 5729. Henderson LJ held there that new contractual documents should be admitted in evidence in part because the case before the court was a lead …”