Megaw LJ set out a definition of ‘bad faith’: ‘I would suggest – that it seems to me that an unfortunate tendency has developed of looseness of language in the respect – that bad faith or, as it is sometimes put, ‘lack of good faith,’ means dishonesty, not necessarily for a financial motive, but still dishonesty. It always involves a grave charge. It must not be treated as pseudonym of honest though mistaken [conclusion], taking into consideration of a factor which in law is irrelevant.’
Judges:
Megaw LJ
Citations:
[1978] 1 WLR
Jurisdiction:
England and Wales
Cited by:
Cited – Webster v Ministry of Justice QBD 23-Oct-2014
The claimant had been convicted at trial, and release after a successful appeal but after considerable time in jail. He now comlained of the judge’s conduct at trial saying that misdirections amounted to bad faith.
Held: The claim failed. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Natural Justice
Updated: 04 May 2022; Ref: scu.550607
