This is , as was pointed out by the majority in the Court of Appeal , a strict test -- though the degree of strictness seems to vary with the current legal trend .
I think that they were right not to accept it as applicable here .
This is , as was pointed out by the majority in the Court of Appeal , a strict test -- though the degree of strictness seems to vary with the current legal trend , and I think that they were right not to accept it as applicable here .