“…d erga omnes do not necessarily elide. The judge considered that the cautious approach adopted by Gross J in Air Foyle was echoed by Flaux CHC in Ward v Savill [2021] EWCA Civ 1378 at [73]-[74] and could be seen in the Supreme Court decision in Rubin v Eurofinance SA [2012] UKSC 46; [2013] 1 AC 236 at [129].…”
“…In oral submissions, Mr Chichester-Clark also relied upon Ward v Savill [2021] EWCA Civ 1378 in which Sir Julian Flaux CHC held that the appellants could not rely upon a declaratory judgment granted to them in earlier proceedings to which the responden…”
“…accordance with the rule in Hollington v Hewthorn[1943] 1 KB 587, considered more recently in Rogers v Hoyle[2014] EWCA Civ 257, [2015] QB 265 and Ward v Savill[2021] EWCA Civ 1378. Who is right about this is due to be determined at a hearing in February 2022 at which the claimants will apply for summary judgment. I will refer to this as …”