[1. Only on exceptional circumstances will the Court of Appeal allow an appeal against a decision below by consent of the parties.
2. There can be no criticism of the decisions below but in the exceptional circumstances of this case appeal allowed on the application of the parties and the bank’s indication that it does not wish to oppose the appeal.
3. The plaintiff Bank to pay the costs thrown away in the Appeal and below up to 28 April 2008 as well as the costs of today’s application.]
