“…s I referred to in Wilson v McNamara at [57], Lord Sumption considered the Henderson v Henderson principle in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 36, [2014] AC 160 at [17], where he treated it as one of a number of disparate principles which he grouped together under the portmanteau term res judicata. As th…”
“…case, it will be necessary to consider whether it can be reconciled with the decision of the Supreme Court in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 36, [2014] AC 160 and, if so, whether this Court was right to distinguish it in Smith & Nephew plc v ConvaTec Technologies Inc [2015] EWCA Civ 803. For the presen…”