Friday, 22 November 2013

UK: England and Wales: good faith and section 44 of the Companies Act 2006

Judgment was given yesterday in LNOC Ltd v Watford Association Football Club Ltd [2013] EWHC 3615 (Comm). The operation of section 44 of the Companies Act 2006 was considered. The trial judge, His Honour Judge Mackie QC, held that in order to establish a lack of good faith on the part of a purchaser it was necessary to show a dishonest or irrational belief in the authority of the relevant section 44(3) signatory.

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