There have been a series of recent cases addressing the Braganza duty, but still a large amount of uncertainty about what amounts to contractual discretion. 

• Is a “choice” the same as a discretion? 
• How should the exercise of so-called “absolute contractual rights” be exercised? 
• What are the limits on the exercise of discretion?

This session will examine the recent cases and developments with insight from judges who have helped to shape this area of law.

Panel Moderator:

Edwin Peel, Professor of Contract in the Oxford University Law Faculty

Panelists:

The Hon. Mr Justice Robin Knowles CBE

Ewan McQuater QC, Barrister, 3VB

Christa Band, Partner, Linklaters

Sponsored by 3 Verulam Buildings