“…ion is demonstrated by the cases in English domestic law relating to constructive notice and its various degrees, see, for example, Baden v Societe Generale SA [1993] 1 WLR 509, 575 paras 250-274. To extend ascertainability to factors, not already in the public domain or apparent to a typical third party doing business with the compan…”
“…s assisting him is acting dishonestly. “Knowingly” is better avoided as a defining ingredient of the principle, and in the context of this principle, the Baden [1993] 1 WLR 509 scale of knowledge is best forgotten.”…”
“…s case on duress was to be believed, it had simply wilfully shut its eyes to what should have been (on its case) entirely obvious: see Baden v Société Générale [1993] 1 WLR 509 at 575, applied in Insurance Corp of the Channel Islands v Royal Hotel Ltd [1998] Lloyd’s Rep LP 151. In these circumstances, Ukraine had sufficient knowledge …”