Contract: Gotta have faith

In the second of two articles, Chris Parker, Gregg Rowan and Nick Pantlin look at the judicial implication of a duty of good faith ‘The precise formulation of the duty differs between cases, but the essence seems to be a requirement to exercise the discretion honestly and in good faith, and not to act in …
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Update: A litigation overview – 2015

Anna Pertoldi and Maura McIntosh look back at some of the key developments of 2015 from the perspective of the commercial litigator in England and Wales ‘2015 offered a welcome respite from the previous flood of case law considering applications for relief from sanctions for breaches of court rules and orders.’ As we move into …
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Contract: Take the money and don’t run

David Sawtell considers how far good faith can apply to repudiatory breach ‘If the innocent party has no other reason to affirm the contract than to maximise its damages, the court might scrutinise its claim.’If a party is in serious breach of a contract, the so-called ‘innocent’ party needs to know whether or not it …
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