Soteriou v Ultrachem Ltd & Ors [2004] EWHC 983 (QB) (23 April 2004)

Soteriou v Ultrachem Ltd & Ors [2004] EWHC 983 (QB) (23 April 2004)

The High Court is bound by the Employment Tribunal's findings that the contract was tainted with illegality and unenforceable, and the same issues arise in the wrongful dismissal claim. No special circumstances exist to justify relitigation. The doctrine of illegality and the striking out procedure do not offend Article 6 ECHR. The appeal is dismissed.

Citation
[2004] EWHC 983 (QB)
Parties
Claimant: Andreas Soteriou; First Defendant: Ultrachem Limited; Second Defendant: Solvo Limited; Third Defendant: Ultracolour Limited
Jurisdiction
England and Wales
Judgment Date
23 April 2004
Procedural Posture
Appeal / Appeal From Master Leslie's Order Striking Out Claim and Refusing Permission to Amend Particulars of Claim
Outcome
Appeal dismissed
Legal Topics
Illegality of Contract, Res Judicata, Issue Estoppel, Abuse of Process, Wrongful Dismissal, Unfair Dismissal, Human Rights Act 1998, Article 6 ECHR, Striking Out Procedure
Employment Law Contract Law Civil Procedure Human Rights Illegality of Contract Res Judicata Issue Estoppel Abuse of Process +5 more

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Parties

Andreas Soteriou

Claimant

Ultrachem Limited

First Defendant

Solvo Limited

Second Defendant

Ultracolour Limited

Third Defendant

Procedural Posture

Appeal / Appeal From Master Leslie's Order Striking Out Claim and Refusing Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the High Court is bound by the Employment Tribunal's finding of illegality and unenforceability of the contract (res judicata/issue estoppel)
  2. 2 Whether wrongful dismissal claim can proceed after unfair dismissal claim was dismissed for illegality
  3. 3 Whether the doctrine of illegality as applied offends Article 6 ECHR (right to fair trial)

Ratio Decidendi

The High Court is bound by the Employment Tribunal's findings that the contract was tainted with illegality and unenforceable, and the same issues arise in the wrongful dismissal claim. No special circumstances exist to justify relitigation. The doctrine of illegality and the striking out procedure do not offend Article 6 ECHR. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out
  • Judgment for the defendants