Unreasonable Withholding Of Consent: The Principles To Be Applied
Negotiations on loan and security documents often result in consent provisions being qualified so that consent cannot be "unreasonably withheld".
In the recent case of Porton Capital Technology Funds and Others v 3M UK Holdings Ltd and another [2011] EWHC 2895 (Comm) (7 November 2011) the High Court upheld previously established principles in determining whether a consent had been unreasonably withheld.
The judge confirmed that principles developed in landlord and tenant cases are applicable...
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