Both Rupert Choat and Rachel Barnes have in these columns looked at the recent decision of the Court of Appeal in Compass Group UK and Ireland vs Mid-Essex Hospital Services NHS Trust in the context of terms requiring the parties to co-operate "in good faith". The trial judge in Compass had construed the contract as imposing a general obligation on both parties to co-operate in good faith. This was consistent with another decision in Yam Seng Pte Limited vs The International Trade Corp Ltd where the trial judge suggested that traditional hostility under English law to good faith obligations was "misplaced". He noted that English law was "swimming against the tide" as a general duty of good faith is recognised in the US, Australia and Scotland as well as most civil law systems.
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机译：在这些专栏中，Rupert Choat和Rachel Barnes均以要求当事各方“真诚合作”的条款为背景，考察了英国北领地Compass Group和爱尔兰vs Mid-Essex Hospital Services NHS Trust上诉法院的裁决。 ”。 Compass的原审法官将合同解释为对双方都负有真诚合作的一般义务。这与Yam Seng Pte Limited对The International Trade Corp Ltd的另一项决定相一致，在该裁决中，初审法官认为英国法律对善意义务的传统敌对行为是“错位的”。他指出，英国法律是“大势所趋”，因为诚实信用是美国，澳大利亚和苏格兰以及大多数大陆法系公认的一般义务。
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