Bad Faith in UK Law

Leading Cases
  • Anisminic Ltd v Foreign Compensation Commission
    • House of Lords
    • 17 Diciembre 1968

    But there are many cases where, although the tribunal had jurisdiction to enter on the enquiry, it has done or failed to do something in the course of the enquiry which is of such a nature that its decision is a nullity. It may in perfect good faith have misconstrued the provisions giving it power to act so that it failed to deal with the question remitted to it and decided some question which was not remitted to it.

  • Smith v East Elloe Rural District Council
    • House of Lords
    • 26 Marzo 1956

    But this argument is in reality a play on the meaning of the word nullity. An Order, even if not made in good faith, is still an act capable of legal consequences. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset it will remain as effective for its ostensible purpose as the most impeccable of Orders.

  • Metalloy Supplies Ltd v M.A. (U.K.) Ltd
    • Court of Appeal (Civil Division)
    • 12 Diciembre 1996

    It is not, however, sufficient to render a director liable for costs that he was a director of the company and caused it to bring or defend proceedings which he funded and which ultimately failed. Where such proceedings are bought bona fide and for the benefit of the company, the company is the real plaintiff.

  • Hotel Cipriani SRL and Others v Cipriani (Grosvenor Street) Ltd and Others
    • Chancery Division
    • 02 Marzo 2010

    In my judgment it follows from the foregoing considerations that it does not constitute bad faith for a party to apply to register a Community trade mark merely because he knows that third parties are using the same mark in relation to identical goods or services, let alone where the third parties are using similar marks and/or are using them in relation to similar goods or services. The applicant may believe that he has a superior right to registration and use of the mark.

  • Red Bull Gmbh v Sun Mark Ltd and Another
    • Chancery Division
    • 17 Julio 2012

    Thirdly, a person is presumed to have acted in good faith unless the contrary is proved. An allegation of bad faith is a serious allegation which must be distinctly proved.

  • Lipkin Gorman (A Firm)(Original Appellants and Cross-Respondents) v Karpnale Ltd (Formerly Playboy Club of London Ltd) (Original Respondents and Cross-Appellants)
    • House of Lords
    • 06 Junio 1991

    At present I do not wish to state the principle any less broadly than this: that the defence is available to a person whose position has so changed that it would be inequitable in all the circumstances to require him to make restitution, or alternatively to make restitution in full.

  • Harrison v Teton Valley Trading Company Ltd
    • Court of Appeal (Civil Division)
    • 27 Julio 2004

    For my part, I would accept the reasoning of Lord Hutton as applying to considerations of bad faith. The words "bad faith" suggest a mental state. Clearly when considering the question of whether an application to register is made in bad faith all the circumstances will be relevant. However the court must decide whether the knowledge of the applicant was such that his decision to apply for registration would be regarded as in bad faith by persons adopting proper standards.

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Legislation
  • Mental Treatment Act 1930
    • UK Non-devolved
    • 1 de Enero de 1930
    ......criminal proceedings whether on the ground of. want of jurisdiction or on any other ground unless. he has acted in bad faith or without reasonable. care. (2) No proceedings, civil or criminal, shall be. brought against any person in any court in respect. of any such ......
  • Trade Marks Act 1994
    • UK Non-devolved
    • 1 de Enero de 1994
    ...... . (6) A trade mark shall not be registered if or to the extent. that the application is made in bad faith. S-4 . Specially protected emblems. 4 Specially protected emblems. . (1) A trade mark which consists of or contains— . . (a) the Royal arms, ......
  • Sanctions and Anti-Money Laundering Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (b) (b) the court is satisfied that the decision concerned was made in bad faith. . (3) In subsection (1)(c)— . a “corrective direction” means a direction given in respect of a person and a list following the giving of a ......
  • Criminal Procedure and Investigations Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......(c) there were substituted ‘unless it is proved,. in respect of the matters giving rise to the proceedings or claim,. that he acted in bad faith’.’ . (2) This section applies in relation to. things done or omitted on or after the appointed day. . (3) The. reference in subsection (2) ......
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Books & Journal Articles
  • Rawls and political realism: Realistic utopianism or judgement in bad faith?
    • Nbr. 16-3, July 2017
    • European Journal of Political Theory
    Political realism criticises the putative abstraction, foundationalism and neglect of the agonistic dimension of political practice in the work of John Rawls. This paper argues that had Rawls not f...
  • The European Court Of Human Rights: A ‘Culture of Bad Faith’?
    • Nbr. 6-4, November 2015
    • Global Policy
    The aim of this article is to show the gap between discourse and practice at the European Court of Human Rights (ECtHR) in Strasbourg. In fact, while the lexical field of human rights revolves arou...
  • Lost and Destroyed Evidence: The Search for a Principled Approach to Abuse of Process
    • Nbr. 9-3, July 2005
    • International Journal of Evidence & Proof, The
    This article examines the situation where evidence which the police were under a duty to obtain or retain, and which could have assisted the defendant's case at trial, is lost or destroyed. Its par...
    ...... 2)—are analytically distinct, from which it follows that the defendant’s right to a fair trial can be violated in the absence of any bad faith on the part of the police. An examination of the cases post- Ebrahim , however , reveals the same regrettable tendency that was evident in the pre- ......
  • Evading international law: How agents comply with the letter of the law but violate its purpose
    • Nbr. 23-4, December 2017
    • European Journal of International Relations
    Despite the widespread nature of evasion (bad-faith compliance), this interesting phenomenon is under-studied in International Relations. Even the most sophisticated typologies of compliance and ru...
    ......Búzás Drexel University, USA Abstract Despite the widespread nature of evasion (bad-faith compliance), this interesting phenomenon is under-studied in International Relations. Even the most sophisticated typologies of compliance and rule ......
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Law Firm Commentaries
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Forms
  • Chapter EIM40013
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ......However wide the discretion appears to be, the employer is required to exercise his discretion rationally and in good faith, and not irrationally or perversely. There may be a pattern of awards that may indicate the year the awards are “for”. Employees may also have an ......
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