Here the court considered a case where CPR 45.24 was not available as Part 7 proceedings had not been issued.  The court found that they could reach the same result via a different route, namely by the use of CPR 44.11.  Court of Appeal noted it was hardly unusual for the CPRs to provide for two concurrent routes to the same result.

 

This is exactly as the SCCO found in Davies v Greenway and Tunbridge Wells CC found on appeal in Brown v Ezeugwa.