CA-2024-001924 - [2025] EWCA Civ 1206

This issue is raised by ground 5 of the grounds of appeal. That is expressed as follows:

“The Learned Judge was wrong to exclude from consideration of the construction of the SHA (and thus from the concept of remediability) the pre-existing relationship between the parties, and in particular (a) [Mr Kulkarni] and (b) Mr David Lewis, the shadow director and ultimate beneficial owner of [Gwent], and Mrs Jayne Lewis, the director.”