“…ry KC informed us that permission to appeal to this court was refused in the PF case. However, it was referred to in this court in the recent case of DBS v JHB [2023] EWCA Civ 982 in which judgment was given on 17 August 2023. Elisabeth Laing LJ, with whom Lewison and Baker LJJ agreed, cited a number of authorities on the proper approach…”