Middleweek v Collins Stewart Ltd [2004] EWCA Civ 1179 (20 August 2004)

Middleweek v Collins Stewart Ltd [2004] EWCA Civ 1179 (20 August 2004)

Permission to appeal is granted on the constructive dismissal and stigma damages claims because there are arguable points that may save significant time and costs if resolved, but refused on the issue of the solicitor's alleged lack of authority as it is a discrete point best left to trial.

Citation
[2004] EWCA Civ 1179
Parties
Claimant/respondent: James Middleweek; Defendant/applicant: Collins Stewart Limited
Jurisdiction
England and Wales
Judgment Date
20 August 2004
Procedural Posture
Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted in part
Legal Topics
Constructive Dismissal, Stigma Damages, Amendment of Pleadings, Authority of Solicitor
Employment Law Contract Law Constructive Dismissal Stigma Damages Amendment of Pleadings Authority of Solicitor

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Parties

James Middleweek

Claimant/respondent

Collins Stewart Limited

Defendant/applicant

Procedural Posture

Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted regarding amendments to claim for constructive dismissal and stigma damages
  2. 2 Whether the alleged blackmail was effected without claimant's authority
  3. 3 Whether stigma damages as a whistleblower are legally sustainable

Ratio Decidendi

Permission to appeal is granted on the constructive dismissal and stigma damages claims because there are arguable points that may save significant time and costs if resolved, but refused on the issue of the solicitor's alleged lack of authority as it is a discrete point best left to trial.

Court Disposition

Permission to appeal granted in part

Orders

  • Permission to appeal granted in relation to constructive dismissal claim and stigma damages claim
  • Permission to appeal refused on the issue relating to absence of authority amendment