Apparently, Judge Sales whose decision was the subject of todays judgement, had some details about how the scrutiny process would operate under the scheme previously agreed.
It's not clear from the wording of the judgement whether those few lines are the actual wording of the 'note', make your own mind up. Your guess is as good as mine ! What is however certain from this 43 page document is that the three Law Lords were of the opinion that 'many' of the claims submitted would be successful 'if litigated' (page 10)
It's not clear how the Judges arrived at this supposition, but it is clear that some 'evidence' had been 'put in', presumably to the Banks Solicitors (the witness statement being that of Ms Buncher of OC Clarke 13th Dec 2013)
Henry's 'note' gets another mention on page 26.
His lordship considers the merit angle again on page 28
Fast forward to page 43 and this small glimmer of hope
Is this what Ms Dux meant when she said this
It would be interesting to see a copy of Mr Witcomb's 'note. Just to know it actually exists would be a start !