“…“Product Star”) [1993] 1 Lloyd’s Rep. 397, Horkulak v Cantor Fitzgerald International [2004] EWCA Civ 1287, [2005] ICR 402 and JML Direct Ltd v Freestat UK Ltd [2010] EWCA Civ 34) in which there were held to be implied terms, Jackson LJ said this:…”
“…aw principles into the exercise of contractual discretions, much the same approach can be seen in the decision of this court in JML Direct Ltd v Freesat UK Ltd [2010] EWCA Civ 34 in which Moore-Bick LJ referred to Owen and held that a bad reason for the exercise of a contractual discretion did not invalidate the decision which had a goo…”