Addleshaw Goddard

UK 200 2013 position: 23

Yam Seng Private Ltd v International Trade Corporation Ltd — all in good faith?

The courts have recently considered both implied and express duties of good faith arising under English law. Is this likely to herald a sea change in parties’ contractual obligations? For many years, commentators have noted that there is no general overriding duty of good faith under English law. However, parties may include express obligations of good faith in their contracts.

In the case of Yam Seng Private Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB), the High Court concluded that an implied duty of good faith could arise in a number of contracting relationships outside of those that have traditionally been held to include duties of good faith (such as contracts of employment or contracts involving fiduciary duties). The Yam Seng case was followed relatively quickly by the Court of Appeal decision in Mid Essex Hospital Services NHS Trust v Compass Group UK & Ireland Ltd [2013] EWCA Civ 200, in which the Court of Appeal considered the construction of an express duty of good faith…

If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.

Briefings from Addleshaw Goddard

View more briefings from Addleshaw Goddard

Analysis from The Lawyer

  • pannone.jpg

    Another Mancunian merger for Slater & Gordon?

    Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?

  • Addleshaws

    Number crunching: Addleshaw Goddard

    The past five years have not been easy for Addleshaw Goddard. The firm’s revenue fell 7 per cent from £173.1m to £161.9m between 2008/09 and 2010/11 and despite finances looking up in 2011/12, when Addleshaws reported a 30 per cent increase in net profit, it has shown no notable compound growth in turnover since 2007/08.

View more analysis from The Lawyer

Overview

Milton Gate
60 Chiswell Street
London
EC1Y 4AG
UK
http://www.addleshawgoddard.com

Turnover (£m): 166.50
No. of Lawyers: 592

Jobs