CL-2024-000080 - [2025] EWHC 1350 (Comm)

CONCLUSIONS

CAFI’s challenges to the Appeal Award succeed to the extent and on the bases set out above. In short, the heads of challenge to which I have referred for convenience as “Challenge 1” and “Challenge 2” both succeed. The Appeal Award must therefore be set aside or varied, at least insofar as it addresses the waiver issue and the award of damages against CAFI. I shall hear counsel on the appropriate disposal of the matter.