Marianne Mudd

May 8, 2024 | cms.law | Julian Turner |Marianne Mudd

Case Update: Little & Anor v Olympian Homes Ltd (2024)05/08/2024Following on from our recent alert (Court of Appeal puts default interest rate clause to the test in Houssein v London Credit Limited (2024) (cms-lawnow.com)), the recent case of Little & Anor v Olympian Homes Ltd [2024] EWHC 1766 (Ch) (08 July 2024) also concerned... Read moreAuthors Julian TurnerConsultantLondonMarianne MuddSenior Knowledge CounselLondon

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.