“…), or, arguably, that the purpose was causative in the sense that, without it, the power would not have been exercised (Eclairs Group Ltd v JKX Oil and Gas plc [2015] UKSC 71, [2015] Bus LR 1395, per Lord Sumption and Lord Hodge). This raises issues of fact and law that did not need to be considered by the Judge and, rightly, she di…”
“…Lord Cooke in Equitable Life v Hyman [2002] 1 AC 408 at page 460F and more recently in the judgment of Lord Sumption in Eclairs Group Ltd v JKX Oil and Gas plc [2015] UKSC 71.…”
“…In Eclairs Group Ltd v JKX Oil & Gas plc [2015] UKSC 71, [2015] Bus LR 1395 the Supreme Court had occasion to consider the “proper purpose rule” as applied to the exercise by directors of a power conferred by the Co…”