“…ext), Joseph v Spiller [2010] UKSC 53, [2011] 1 AC 852 [88]-[89] (Lord Phillips), the judgment of Sharp LJ in Butt v Secretary of State for the Home Department [2019] EWCA Civ 933, [2019] EMLR 23 at [32]-[33] and [39] (which is the source of the quotation at [23] above), and my judgment in Triplark Ltd v Northwood Hall (Freehold) Ltd [20…”
“…e common law principles developed in relation to this requirement remain applicable to the statutory defence: Butt v Secretary of State for the Home Department [2019] EWCA Civ 933, [2019] EMLR 23 [32-33] (Sharp LJ, as she then was). Several cases summarising those common law principles were cited to the Judge, including Butt and…”