BL-2023-MAN-000072 - [2025] EWHC 2442 (Ch)

If the parties did have the common intention that I have held that they did have, then if as a matter of true interpretation thereof the effect of clause 13 of the Deed of Postponement was, contrary to my primary finding, to confer priority upon JAK in the event that the JAK Loan Agreement was terminated first, then I consider that it must follow that clause 13 of the Deed of Postponement so provided by mistake. Thus, I consider that this particular requirement is satisfied.