“…The judge did not, however, refer to the judgment of Floyd LJ in the case of Kogan v Nicholas Martin and Others [2019] EWCA Civ 1645, [2020] FSR 3 (‘Kogan’),in which, as a consequence of his understanding of Gestmin, the first instance judge had regarded Leggatt J’s observations as ‘an admon…”
“…The Court of Appeal considered both of these cases in Kogan v Martin and Others [2019] EWCA Civ 1645 (‘Kogan’). This was a case where the judge at first instance had wrongly regarded Leggatt J’s statements in Gestmin and Blue v Ashley as an “admonition” agains…”