“…all the circumstances of the particular case. That is how the point was put in Business Mortgage Finance 4 Plc v Hussain at [91] and in Farrer & Co LLP v Meyer [2022] EWCA Civ 706, P2-23] 1 WLR 396 at [40]. It is, after all, the common experience of this court that new points are sometimes raised on appeal, in which case it is necessary …”
“…at [2022] EWCA Civ 706 at [40] per Males LJ. Mr Counsell pointed out that he was only instructed at a very late stage and had a number of other matters to deal with but I am not sure…”