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 ‘the 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.

External Publications 20 Sep, 2017