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

As referred to in paragraph 70(i) above, I am required to be satisfied that the proposed rectified clause 13 as set out in paragraph 63 above accurately represents the true agreement of the parties at the time when the Deed of Postponement was executed.

If, as I have found, the common intention of the parties was that clause 13 of the Deed of Postponement should take effect so as to provide, for the avoidance of doubt, that the debt due to JAK would not be subordinated to that due to Together, and that the subordination provided for by the Deed of Postponement should only relate to the security provided by the JAK Charge and the Together Charge, then I am satisfied that the terms of the proposed rectified form of clause 13 do accurately represent the true agreement of the parties.