18th January 2021
 An example (RSA 3 adjusted for non-damage extension): “adjustments shall be made as may be necessary to provide for the trend of the Business and for variations in or other circumstances affecting the Business either before or after the occurrence of the insured peril or which would have affected the Business had the insured peril not occurred so that the figures thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the insured peril would have been obtained during the relative period after the occurrence of the insured peril”.
 The only other point on which the Minority Judgment diverges is that Lord Briggs states that defence costs cases are best seen as sui generis and not of a general application. 
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