“…on 32. He drew our attention to a similar use of language in, for example, Kotonou v Reeves [2015] EWHC 4301 (Ch) and Grace v Black Horse [2014] EWCA Civ 1413, [2015] Bus LR 1. He said that the use of those terms without qualification show that the courts regarded actual knowledge of wrongdoing as necessary for conduct to be delibera…”
“…sion has been narrowly interpreted to refer to a fact without which the cause of action is incomplete (Arcadia Group Brands Ltd v Visa Inc [2015] EWCA Civ 883, [2015] Bus LR 1362). It is in accordance with the statutory purpose that there should be such a narrow interpretation: if the claimant can plead a claim without needing to kno…”
“…e’s default did not bring an end to the Agreement. He referred in that connection to observations by Briggs LJ in Grace v Black Horse Ltd [2014] EWCA Civ 1413, [2015] Bus LR 1, at [28], and submitted that the fact that the underlying contract continued to subsist supported Mr Doyle’s case. I do not understand that submission. The fac…”