As you were! Duty of good faith not implied into English law contract.

Too much focus on personalities in this golden oldie, says Mr Pettifog. And no-one should criticise the saintly Baroness Hale, incoming President of the UK Supreme Court!

IP Draughts

baconIt is a while since IP Draughts has seen the English Court of Appeal dismiss so comprehensively the contractual analysis of a High Court judge.

Nearly a year ago, IP Draughts reported on a case in the English High Court,  Compass Group UK and Ireland Limited (trading as Medirest) v Mid Essex Hospital Services NHS Trust [2012]  EWHC 781 (QB), which was heard before Mr Justice Cranston.

The decision in the High Court

chocmousseThe case was fascinating for the light it threw on how a hospital procurement manager behaved in a “challenging” manner with a supplier of catering services.  The contract included a provision for “service failure points” – effectively fines – for non-compliance with service standards.  According to Cranston J, the procurement manager deducted an “absurd” amount for minor failures.  For allowing a chocolate mousse to be in a fridge one day after its use-by date, the supplier was…

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