Andreas H. Göller

Jul 3, 2023 | lexology.com | Kushal Gandhi |Kate Herbert |Andreas H. Göller |Marianne Mudd

The concepts of “good faith” and “absolute discretion” were considered in the case of Sibner Capital Limited v Neil David Martin Jarvis & Suzanne Jane Hughes [2022] EWHC 3273 (Ch). In this briefing we consider the scope of these concepts in English law and the High Court’s judgment of this case which rejected arguments seeking to imply a duty to act in good faith and duty of rationality in exercising contractual discretion.