breach of contract
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Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678
Appeal against dismissal of claim to enforce the terms of a severance agreement and alternative claims of unjust enrichment and breach of contract. Appeal allowed.
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30/06/2010 17:55
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Chunilal v Merrill Lynch [2010] EWHC 1467 (Comm)
Application by defendant to set aside an order for leave to serve proceedings upon the defendant outside the jurisdiction where the claimant was suing for breach of his employment contract because of non-payment of a discretionary bonus. The order was set aside.
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28/06/2010 09:39
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Tullett Prebon PLC v BGC Brokers & Ors [2010] EWHC 484 (QB)
Judgment concerning liability in claims, and counter claims, arising from alleged inducement to breach contracts and other issues in circumstances where a team of brokers resigned and joined a competitor. The claimant succeeded in its claims of conspiracy and inducement against the defendant firm of brokers.
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17/06/2010 17:05
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Anar & Ors v Dresdner Kleinwort Ltd & Anor [2010] EWHC 1249 (QB)
Application for summary judgment by defendants where the claimants' were seeking bonus payments, or damages for breach of employment contracts, on the ground that discretionary bonus payments had been converted into an entitlement to a specific sum. Summary judgment refused.
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14/06/2010 13:31
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Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571
Appeal against decision that damages for breach of an employment contract would be limited only to the contractual notice period and the period when the appellant would have remained employment during a disciplinary process. Appeal allowed.
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28/05/2010 14:05
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Varma v North Cheshire Hospital NHS Trust [2010] EWCA Civ 529
Renewed application for permission to appeal arising from constructive unfair dismissal. Application refused.
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18/05/2010 16:40
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University of London v Tariquez-Zaman [2010] EWHC 908 (QB)
Appeal against refusal to strike out breach of contract proceedings relating to compensation for discrimination where the alleged discrimination had not been found in the ET, though a later claim for victimisation had been successful. Appeal dismissed.
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06/05/2010 11:08
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Southern v Wadacre Ltd T/A Wadacre Farm Day Nursery UKEAT/0380/09/JOJ
Appeal against Employment Tribunal's ruling that the claimant was not constructively unfairly dismissed. The EAT upheld the appeal saying that the ET had 1) failed to determine the question whether the Respondents were in fundamental breach of contract, and 2) stated the conclusion that the Claimant “accepted the breach” without any reasoning.
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18/04/2010 13:05
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Manning & Anor v Middleton Miniature Holdings UKEAT/0439/09/DM; UKEAT/0441/09/DM
The employer claimant had won a claim against 2 employees for breaching their duty of fidelity towards to employer, and both claimants were ordered to pay a sum by way of damages for breach of contract. The remedy was appealed, the employees claiming that the ET had failed to consider a witness statement from a witness who could not be present at the hearing. Appeal dismissed. The EAT found that the witness statement had been considered but it was within their discretion to attach no weight to it.
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11/03/2010 17:27
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Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121
Appeal, and cross-appeal, against EAT decision that an internal report vindicating the claimant's position had cured a breach of contract and that there was no constructive dismissal. Appeal allowed and cross appeal dismissed.
- cases
26/02/2010 17:32