But what was important was the particular nature and scope of the factual dispute.

In all those cases, there had been no factual dispute over the content of the speech.

A judge should always consider the underlying policies to determine whether a rule should be applied to a specific factual dispute.

There might be cases which embraced factual disputes justifying striking out on the basis of no reasonable prospect of success.

Thus, the court would not extend the phrase to factual disputes alleging a breach of contract, and permitted these to be appealed.