Lidl Great Britain Ltd v Tesco Stores Ltd

This case provides a useful summary of the law on bad faith, and stresses the fact that an allegation of bad faith is a serious one which must be “distinctly pleaded and distinctly proved” for the court to be satisfied that a party has been commercially dishonest. Failure to do so can lead to the claim of bad faith being struck out at an early stage of the proceedings. The case also highlights that there is no “one rule fits all” when it comes to survey evidence. The court will analyse each case in detail and decide based on the particular facts. Be warned – just because Lidl was able to have a survey approved after conducting it does not mean that this is a blanket rule that applies going forward.