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Stephen Butler

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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 ‘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

Stephen Butler successfully acts for teacher in Queens Bench appeal

In Agoreyo v London Borough of Lambeth [2017] EWHC 2019 Mr Justice Foskett noted that the Appellant, Ms Agoreyo, ‘had the good fortune of representation at the hearing of the appeal by Counsel instructed by the Bar Pro Bono Unit. Mr Stephen Butler […] produced a first-class Skeleton Argument with appropriate references to the evidence, the judgment and the relevant authorities […] which were properly focused on the true issues in the appeal. […] the Appellant could not have been better represented.’ Ms Agoreyo, an experienced primary school teacher with less than two years’ qualifying service, was suspended from employment during the investigation into the accusation of having used excessive physical force in handling difficult children in less than three weeks.…

News 16 Aug, 2017

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