“…At [38] the judge adopted the summary of Marcus Smith J in Vastint Leeds BV v Persons Unknown (“Vastint”) [2018] EWHC 2456 (Ch); [2019] 4 WLR 2 as to the effect of Court of Appeal decisions on anticipatory injunctions. He said there were two questions he had to address:…”
“…Vastint Leeds BV v Persons Unknown [2018] EWHC 2456 (Ch), [2019] 4 WLR 2 (Marcus Smith J), is authority to the contrary. Leaving aside that Vastint is a first instance decision, in which only the claimant was represe…”
“…The key question is the second part of the test which has been expressed slightly differently in different cases. In Vastint Leeds BV v Persons Unknown [2018] EWHC 2456 (Ch) it was expressed as follows:…”