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28 February 2025 / Charles Wynn-Evans
Issue: 8106 / Categories: Features , Contract
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Book review: Good Faith in Contract Law

"This work more than fulfils its stated objective of seeking to be of use both to practitioners and academics alike"
  • Author: Christina Perry
  • Publisher: Edward Elgar Publishing
  • ISBN: 978-1-80392-965-1
  • RRP: £155

In contrast to various other legal systems, the contract law of England and Wales has traditionally rejected the imposition on contractual parties of a general duty of good faith, and has addressed potentially problematic conduct by the contractual parties by way of specific legal techniques such as misrepresentation, duress, and the implication of terms (whether in law or in fact). As Lord Justice Bingham put it in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1987] EWCA Civ 6, the approach of English law has been to develop ‘piecemeal solutions in response to demonstrated problems of unfairness’.

The approach adopted in domestic contract law has, however, changed significantly over the past few years following the decision in Yam Seng Pte Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB), in which

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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