Ebury Partners UK Limited v M Acton Davis

Ebury Partners UK Limited v M Acton Davis

It was inappropriate for the Employment Judge to reconsider his original decision as there was no procedural mishap depriving the respondent of a fair opportunity to present his case, and the issue raised was one of law suitable for appeal rather than reconsideration. The judge erred in law by carrying out reconsideration and deciding the case on a new basis not argued by the parties.

Parties
Appellant: Ebury Partners UK Limited; Respondent: Mr M Acton Davis
Jurisdiction
England and Wales
Judgment Date
29 March 2023
Procedural Posture
Employment Appeal / Judgment on Appeal and Cross Appeal
Outcome
appeal allowed, cross-appeal dismissed
Legal Topics
Constructive Dismissal, Contractual Interpretation, Implied Term of Trust and Confidence, Reconsideration Procedure
Employment Law Contract Law Constructive Dismissal Contractual Interpretation Implied Term of Trust and Confidence Reconsideration Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Ebury Partners UK Limited

Appellant

Mr M Acton Davis

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Employment Judge was right to reconsider his judgment at all
  2. 2 Whether the Employment Judge's conclusion on the proper interpretation of the contract was wrong
  3. 3 Whether it was open to the Employment Judge to decide the case in the respondent's favour on reconsideration based on breach of implied term

Ratio Decidendi

It was inappropriate for the Employment Judge to reconsider his original decision as there was no procedural mishap depriving the respondent of a fair opportunity to present his case, and the issue raised was one of law suitable for appeal rather than reconsideration. The judge erred in law by carrying out reconsideration and deciding the case on a new basis not argued by the parties.

Court Disposition

appeal allowed, cross-appeal dismissed

Orders

  • Judgment promulgated on 16 February 2021 is reinstated
  • Judgments of 4 October 2021 are set aside