Braganza and beyond: judicial review of the exercise of contractual discretion in private law
This article by Peter Susman QC was first published in Butterworths’ Journal of International Banking and Finance Law.
Notwithstanding the majority decision of the Supreme Court in Braganza v BP Shipping Ltd  1 WLR 1661, English courts are justifiably continuing to exercise restraint when asked to undertake judicial review of the exercise of a contractual discretion left to the absolute discretion of one party.
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This article forms part of an ongoing series being written by members of the Henderson Chambers Banking Finance and Consumer Credit group for the Butterworths’ Journal of International Banking and Finance Law.