Practice – Pre-trial or post-judgment relief. On a damages hearing, the unsuccessful defendant was not permitted to seek to rely on a narrower basis that the one on which the case had been decided at the High Court. The Court of Appeal, Civil Division held that a broad, merits-based approach, had led the High Court to conclude that the wide claim should be part of the assessment of damages. That was the correct conclusion, based in an evaluation of all the relevant factors.