Best Endeavours in UK Law

Leading Cases
  • Walford and Others v Miles and Another
    • House of Lords
    • 23 Ene 1992

    A duty to negotiate in good faith is as unworkable in practice as it is inherently inconsistent with the position of a negotiating party. In my judgment, while negotiations are in existence either party is entitled to withdraw from those negotiations, at any time and for any reason. There can be thus no obligation to continue to negotiate until there is a "proper reason" to withdraw. Accordingly a bare agreement to negotiate has no legal content.

  • Hill v Chief Constable of West Yorkshire
    • House of Lords
    • 28 Abr 1988

    In some instances the imposition of liability may lead to the exercise of a function being carried on in a detrimentally defensive frame of mind. A great deal of police time, trouble and expense might be expected to have to be put into the preparation of the defence to the action and the attendance of witnesses at the trial. The result would be a significant diversion of police manpower and attention from their most important function, that of the suppression of crime.

  • KA (Afghanistan) and Others v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 25 Jul 2012

    At the other end of the spectrum is an applicant whose claim to have no surviving family in Afghanistan is disbelieved and in respect of whom it is found that he has been uncooperative so as to frustrate any attempt to trace his family.

  • Brooks v Metropolitan Police Commisioner
    • House of Lords
    • 21 Abr 2005

    With hindsight not every observation in Hill can now be supported. Lord Keith of Kinkel observed that "From time to time [the police] make mistakes in the exercise of that function, but it is not to be doubted that they apply their best endeavours to the performance of it": 63D. Nowadays, a more sceptical approach to the carrying out of all public functions is necessary.

    Whilst focusing on investigating crime, and the arrest of suspects, police officers would in practice be required to ensure that in every contact with a potential witness or a potential victim time and resources were deployed to avoid the risk of causing harm or offence. Such legal duties would tend to inhibit a robust approach in assessing a person as a possible suspect, witness or victim.

  • Wilsons and Clyde Coal Company v English
    • House of Lords
    • 19 Jul 1937

    If the liability of the employer is stated as being an obligation to use his best endeavours to supply and instal good machinery, it may well be said on his behalf that he left the matter to a highly skilled man, and it may be asked with force, what more could he do? The proposition would be more correctly stated to be that his duty is to supply and instal proper machinery so far as care and skill can secure this result.

  • Rhodia International Holdings Ltd v Huntsman International LLC [QBD (Comm)]
    • Queen's Bench Division (Commercial Court)
    • 21 Feb 2007

    An obligation to use reasonable endeavours to achieve the aim probably only requires a party to take one reasonable course, not all of them, whereas an obligation to use best endeavours probably requires a party to take all the reasonable courses he can. In that context, it may well be that an obligation to use all reasonable endeavours equates with using best endeavours and it seems to me that is essentially what Mustill J is saying in the Overseas Buyers case.

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Legislation
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... of the child or young person and to help him or her achieve the best possible educational and other outcomes. Special educational needs etc ... duty imposed on the body under section 66(2) (duty to use best endeavours to secure special educational provision called for by special educational ......
  • Sanctions and Anti-Money Laundering Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... may request the Secretary of State to use the Secretary of State’s best endeavours to secure that the person’s name is removed from the relevant ......
  • Education Act 1981
    • UK Non-devolved
    • 1 de Enero de 1981
    ......nursery school— .   . ( a . ) to use their best endeavours, in exercising their functions. in relation to the school, to ......
  • Fair Trading Act 1973
    • UK Non-devolved
    • 1 de Enero de 1973
    ...... . . the Director shall use his best endeavours, by communication. with that person or otherwise, to obtain ......
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Books & Journal Articles
  • Alternation, Inclusion and the European Union
    • Núm. 3-4, Diciembre 2002
    • European Union Politics
    Current endeavours to employ the concept of consociational democracy in European Union research are misleading. This critique starts from a minimalist concept of democracy with alternation and incl...
    ...... André Kaiser University of Cologne, Germany ABSTRACT Current endeavours to employ the concept of consociational democracy in European Union ... has been wrongly termed consociationalism at the European level is best regarded as intergovernmentalism. 445 European Union Politics ......
  • Appendix VI
    • Núm. 9-1, Marzo 1974
    • Cooperation and Conflict
    ...... Delimitation A. Adjacent and opposite states shall use their best endeavours to reach agree- ment on the delimitation between them ......
  • Editorial
    • Núm. 3-2, Septiembre 1998
    • International Journal of Discrimination and the Law
    ...... should be imposed on the employer unless the employerhas used his best endeavours to prevent it and the worst the harass-ment, the more likely it ......
  • Global standards: the International Federation of Accountants' mission is to strengthen the global profession, but how does it do this? Martin Nimmo gives some facts about IFAC.
    • Núm. 2005, Febrero 2005
    • Financial Management (UK)
    • Nimmo, Martin
    • International Federation of Accountants
    ...... of membership obligations (SMOs) require member bodies to use their best endeavours when promoting, incorporating and implementing its standards. ......
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