Gentry-Wells & Anor (t/a Ringmer Cab Company) v Cooley & Anor (t/a Becks Taxis) [2001] EWCA Civ 551 (26 March 2001)

Gentry-Wells & Anor (t/a Ringmer Cab Company) v Cooley & Anor (t/a Becks Taxis) [2001] EWCA Civ 551 (26 March 2001)

The closure of the Ringmer office was a fundamental breach of contract, as employment at that office was a core term. The contract impliedly prevented the defendants from arbitrarily dismissing the claimants within the first year, as this would defeat the purpose of the agreed payment structure. Damages for loss of employment and repossession of vehicles were properly awarded as direct consequences of the breach.

Citation
[2001] EWCA Civ 551
Parties
Respondents/claimants: Gentry-Wells (t/a Ringmer Cab Company); Appellants/defendants: Stephen Cooley & Stuart Cooley (t/a Becks Taxis)
Jurisdiction
England and Wales
Judgment Date
26 March 2001
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Repudiatory Breach, Implied Terms, Constructive Dismissal, Damages for Breach of Contract, Sale of Business, Employment Conditions
Contract Law Employment Law Repudiatory Breach Implied Terms Constructive Dismissal Damages for Breach of Contract Sale of Business Employment Conditions

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Parties

Gentry-Wells (t/a Ringmer Cab Company)

Respondents/claimants

Stephen Cooley & Stuart Cooley (t/a Becks Taxis)

Appellants/defendants

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether closure of the Ringmer office was a repudiatory breach of contract
  2. 2 Whether there was an implied term preventing arbitrary dismissal within the first year
  3. 3 Whether damages for loss of employment and repossession of vehicles were properly awarded

Ratio Decidendi

The closure of the Ringmer office was a fundamental breach of contract, as employment at that office was a core term. The contract impliedly prevented the defendants from arbitrarily dismissing the claimants within the first year, as this would defeat the purpose of the agreed payment structure. Damages for loss of employment and repossession of vehicles were properly awarded as direct consequences of the breach.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs