Sibner Capital Ltd v Jarvis and another [2022] EWHC 3273 (Ch) and the concepts of “good faith” and “absolute discretion”

United Kingdom

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.

Please click here to read the briefing.

Article co-authored with Iman Hassoun Fernandez