Pinchy
Blade, not Bladey.
I doubt there’s anything in the contracts or the clause would have been referred to in the pre action papers and it would be fairly cut and dried.
My fear is that they are relying on precedent (but I don’t recall any cases being quoted) or simply ‘equity’. It’s well beyond my basic legal understanding though. If it’s at the high court and I’ve got time, I may see if I can go and watch it (I’m not even sure if you can watch civil cases, the only time I’ve had to give evidence was settled out of court just before the case started)
You can watch civil cases.
