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Judgment was handed down on 6 February 2020 by the Court of Appeal in Filatona Trading Ltd and Ors v and Navigator Equities Ltd and Ors [2020] EWCA Civ 109.

In the judgment, the Court of Appeal gave authoritative guidance on the factors which determine when a principal is precluded from intervening on a contract made by his or her agent. The Court upheld the right of the principal to sue directly on the shareholders agreement in question, notwithstanding that the agreement described the agent as the beneficial owner of the relevant shares.

Fraser Campbell acted for the successful respondents, in both the Court of Appeal and the Commercial Court.

The full judgment can be read here.

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