Vasanti Selvaratnam QC speaking at the upcoming 37th Annual Donald O'May Lecture
Wednesday, 6th November at The Law Society's Hall
Registration from 5.45pm, start time 7pm
Vasanti Selvaratnam QC: Good faith-is English law swimming against the international tide?
This talk will review developments in the English courts and internationally since the judgment of Leggatt J ( as he then was) in Yang Seng in which he concluded that English commercial law's failure to recognise a general duty of good faith is out of step with other major jurisdictions.That judgment is possibly the most controversial first instance decision on English contract law for many years. Key subsequent developments to be analysed in this talk include the Supreme Court of Canada's judgment in Bhasin and Fraser J's recent decision in Bates v. Post Office. The talk will look at the "piecemeal solutions" developed by English law to remedy injustice and will ask whether English law needs an organising principle of good faith such as that now recognised in Canada. Does English law fulfill the reasonable expectations of honest men (to coin the phrase of Lord Steyn writing extra judicially in 1996)? With two legal luminaries in this area joining the Supreme Court in 2020 - Lord Justice Leggatt ( as he presently is ) and Oxford's Professor Burrows - good faith is likely to feature increasingly in shaping English jurisprudence.
Attendance is free both for the pre-talk drinks and the reception afterwards but is by advance ticket only, through www.eventbrite.co.uk.
The annual Donald O'May lecture is held under the auspices of the Institute of Maritime Law,Faculty of Law, Southampton University and is sponsored by Donald O'May's firm, Ince & Co, and by the law publishers Informa.