Alexandra Whiston-Dew
20 March 2015

Alexandra Whiston-Dew writes for Lexis Nexis on recent decision concerning duty of good faith

D&G Cars Ltd v Essex Police Authority [2015] EWHC 226 (QB), [2015] All ER (D) 85 (Mar)

The proceedings concerned D&G Cars Ltd who had a contract with Essex Police Authority to dispose of vehicles. Essex Police Authority terminated the contract and excluded the claimant from the tendering process which, D&G Cars Ltd alleged, amounted to bad faith.

The Queen's Bench Division dismissed the claim on the basis that there was evidence to show that a reasonable person in the defendant's position, and in possession of the facts which the defendant had, would have done precisely what the defendant had done.

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