Joseph & Ors v Spiller & Anor

Joseph & Ors v Spiller & Anor

Regulation 14(2) of the Employment Agencies & Employment Business Regulations 2003 does not render the re-engagement clause or the contract unenforceable for failure to include all terms in a single document; the fair comment defence was properly struck out as the facts relied upon were not sufficiently indicated or true to support the comment.

Parties
Claimants: Craig Joseph & Ors; Defendant: Jason Spiller; Defendant: 1311 Events Limited
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Civil Appeal / Interlocutory Appeal From Queen's Bench Division
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Justification Defence, Fair Comment Defence, Employment Agencies Regulations, Breach of Contract, Public Interest in Defamation
Defamation Contract Law Employment Law Justification Defence Fair Comment Defence Employment Agencies Regulations Breach of Contract Public Interest in Defamation

Case Brief

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Parties

Craig Joseph & Ors

Claimants

Jason Spiller

Defendant

1311 Events Limited

Defendant

Procedural Posture

Civil Appeal / Interlocutory Appeal From Queen's Bench Division

Legal Issues

  1. 1 Whether the re-engagement clause is unenforceable due to non-compliance with regulation 14(2) of the Employment Agencies & Employment Business Regulations 2003
  2. 2 Whether the defence of justification should stand
  3. 3 Whether the defence of fair comment should stand

Ratio Decidendi

Regulation 14(2) of the Employment Agencies & Employment Business Regulations 2003 does not render the re-engagement clause or the contract unenforceable for failure to include all terms in a single document; the fair comment defence was properly struck out as the facts relied upon were not sufficiently indicated or true to support the comment.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Appeal allowed on the regulation 14(2) issue; the re-engagement clause is not unenforceable for breach of regulation 14(2).
  • Appeal dismissed on the fair comment issue; the defence of fair comment remains struck out.