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"Coulson LJ recognised the potentially odd and counter intuitive results which flowed from his conclusion but ruled that amendment to the CPR was an issue for the MOJ and the Civil Procedure Rules Committee."

Does this not show the completely pointless and counter-productive nature of the Civil Procedure Rules? Either put something in statute or leave it to the courts to decide. Once upon a time, Coulson LJ would have made a ruling, set a precedent and this would've been the law. Now we're in a stupid limbo land waiting for a CPR committee to try their hand at solving the problem. Little comfort for the parties in the case.