Former Gardner CEO breached duties by lobbying against deal

London High Court ruled Antony Upton breached his duties by lobbying to block a Chinese investment deal. The judge found he acted to protect his own employment.

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The High Court in London has ruled that the former interim chief executive of a British aerospace firm breached his professional duties by attempting to sabotage a significant investment deal involving interests from China. Gardner Aerospace successfully sued its former leader, Antony Upton, alleging that he improperly lobbied government officials to intervene in a 2022 transaction.

The legal dispute centered on a debt-for-equity swap between Gardner’s owner, Ligeance Aerospace Technology, and a Chinese state-owned investment fund. Had the deal proceeded as planned, the fund's indirect stake in Gardner would have risen from 14% to 32%. This increase would have triggered mandatory notification requirements under national security laws in the United Kingdom, as it surpassed the 25% threshold for government scrutiny.

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