“…been considered by this court in Municipio de Mariana v. BHP Group plc [2021] EWCA Civ 1156, [2022] 1 WLR 919 (Municipio de Mariana) and UCP plc v. Nectrus Ltd [2022] EWCA Civ 949, [2023] 1 WLR 39 (UCP). It is worth noting that UCP was a case where an appeal was, exceptionally, reopened on the grounds of apparent bias on the part of a ju…”
“…tion when the claimant’s loss is said to have been suffered rather than that when the claim was brought: see paragraphs 19, 45 and 47-49. UCP plc v Nectrus Ltd [2022] EWCA Civ 949 (“Nectrus”) also indicates that that is the correct view: see paragraph 15.…”