Conversion under section 21(1)(b) of the Limitation Act 1980 and good faith pursuant to section 44(5) of the Companies Act 2006 (South Bank v Galiiard)
Dispute Resolution analysis: This case concerned the granting of leases in the context of a hotel development. There are two key aspects of the Court of Appeal’s decision. First, the expansive interpretation of ‘converted’ in section 21(1)(b) of the Limitation Act 1980 (LA 1980) to disapply statutory limitation. Second, the Court of Appeal considered for the first time the interpretation of the deeming provision in section 44(5) of the Companies Act 2006 (CA 2006) and in particular the meaning of ‘good faith’. Written by Jack Dillon, barrister, Gatehouse Chambers.