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Court clarifies the circumstances in which a Braganza Duty applies


Stephen Butler responds to LexisNexis’ interview on Shurbanova v Forex Capital Markets, by exploring the court’s decision.

Stephen emphasises that ‘[t]he most helpful element of the judgment is the clarification of the circumstances in which a Braganza Duty will apply ’.

He suggests to practitioners that they should ‘take note of the court’s willingness to uphold a more stringent express duty to act fairly when exercising a contractual power. Serious consideration should be given to whether to include such an express fetter within the contract, rather than leaving it to the courts to imply a narrower Braganza Duty.

Click here for the written interview published by LexisNexis.

Stephen has a broad civil practice with particular emphasis on commercial and international disputes and on workplace and discrimination claims. Read more about his expertise here.

Barristers: Stephen Butler
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