In Hicks v Russell Jones & Walker (a firm) – Butterworths Law Direct 6.11.07 it was held that CPR rule 52.10(2)(b) gave the appeal court power to refer any claim or issue for determination by the lower court. Normally, that was likely to arise where the appeal court had taken a view that a particular issue was necessary for decision, but that it could be better for it to be decided at first instance. That might be on allowing an appeal, but the power was defined in sufficiently general terms to allow, in a case where it appeared to be just and convenient, for a point to be referred back for determination by the lower court, even if it was only contingently relevant in the context of an appeal that was still pending.