This obiter comment has been the subject of significant academic criticism, on the bases, inter alia, that it artificially sought to create a further exception to the without prejudice role in the field of discrimination; and that it ran contrary to the case law, such as Fincken, which made clear that the unambiguous impropriety exception should be confined to
very tight parameters, despite Ofolue making clear that the categories of exceptions to the rule were not closed.
Yes they are, but in those fileds, the physics is KNOWN, the modelling has
very tight parameters and constraints and even then they need to verify against real world observed data..