Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (T/A Medirest): CA 15 Mar 2013

Appeal against a judgment holding that both parties to a substantial commercial contract were entitled to terminate by reason of the conduct of the other party. The contract was for the provision of services to two hospitals. The main issues were (a) the effect of an express obligation to ‘co-operate . . in good faith’ and (b) whether there was an implied term that the employer would not act in an arbitrary, irrational or capricious manner in assessing the contractor’s performance.

Judges:

Jackson, Lewison, Beatson LJJ

Citations:

[2013] EWCA Civ 200

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 14 November 2022; Ref: scu.471875