Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)

Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)

The re-engagement term was unenforceable against the claimants due to breaches of the Conduct of Employment Agencies and Employment Business Regulations 2003, so conduct relating to breach of that term cannot support justification. Only the reduced justification defence survives; fair comment and qualified privilege are struck out.

Citation
[2009] EWHC 1152
Parties
Claimant: Craig Joseph; Claimant: Jason Joseph; Claimant: Anthony Raymond; Defendant: Jason Spiller; Defendant: 1311 Events Limited
Jurisdiction
England and Wales
Judgment Date
22 May 2009
Procedural Posture
Defamation / Pre Trial Interlocutory Application
Outcome
Application to strike out defences granted in part
Legal Topics
Justification, Fair Comment, Qualified Privilege, Employment Agencies Regulations, Restrictive Covenants, Strike Out Applications
Defamation Contract Law Employment Law Justification Fair Comment Qualified Privilege Employment Agencies Regulations Restrictive Covenants +1 more

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Parties

Craig Joseph

Claimant

Jason Joseph

Claimant

Anthony Raymond

Claimant

Jason Spiller

Defendant

1311 Events Limited

Defendant

Procedural Posture

Defamation / Pre Trial Interlocutory Application

Legal Issues

  1. 1 Whether the re-engagement term was enforceable against the claimants
  2. 2 Whether the claimants breached contract by direct booking
  3. 3 Whether the defences of justification, fair comment, and qualified privilege should be struck out

Ratio Decidendi

The re-engagement term was unenforceable against the claimants due to breaches of the Conduct of Employment Agencies and Employment Business Regulations 2003, so conduct relating to breach of that term cannot support justification. Only the reduced justification defence survives; fair comment and qualified privilege are struck out.

Court Disposition

Application to strike out defences granted in part

Orders

  • Defences of fair comment and qualified privilege struck out
  • Defence of justification allowed to proceed on reduced basis