“… court will not grant relief which is out of all proportion to the detriment ([110]). He also noted what Lewison LJ stated at [69] in Habberfield v Habberfield [2019] EWCA Civ 890, that if parties have made a bargain, which one party has kept, in the absence of countervailing factors, it would be unethical or unconscionable for the other…”
“…Lewison LJ returned to the topic of proportionality in Habberfield v Habberfield [2019] EWCA Civ 890. At [68] to [69] he approved (subject to the appropriate degree of flexibility) the approach of the trial judge in that case (Birss J) which he summarised as:…”