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For moi, the more interesting aspect is how and when an appellate court or tribunal can 'switch' from review to de novo. Look at Singh LJ in Kafagi v JBW Group Ltd [2018] EWCA Civ 1157 (another case currently before the Supreme Court). At paragraph 42, he does the ol' switcheroo, and moves from review to trusty anew (but no poetic justice here). Coincidentally or otherwise, Mr Kafagi was a litigant in person whose bundle was 'generously' prepared by his opponent (who happened to exclude much of the material that was before the first instance fact finder). No mention made of the switch or the defect in the DJ's test, and no opportunity to apply for an adjournment. The flimsy partition between de novo and review is one of the two major flaws in our judicial system (the other being the 'ghost writing' of judgments by anonymous individuals answerable to the executive). What was the question again...?