Private Law Theory

English law has, to put it mildly, a fractious relationship with the concept of good faith. There is a deep-rooted scepticism towards it that has often manifested as outright hostility: Lord Ackner famously described the duty to negotiate in good faith as ‘inherently repugnant to the adversarial position of the parties’ (Walford v Miles). Indeed, the Supreme Court has recently confirmed that there is no general principle of good faith in English law … (more)

[Tom Walker, Thomson Reuters Construction Blog, 19 October 2022]