Joseph & Ors v Spiller & Anor

Joseph & Ors v Spiller & Anor

The re-engagement clause was unenforceable due to breaches of the Conduct of Employment Agencies and Employment Business Regulations 2003, and thus cannot support the justification defence in respect of breach of contract. The defences of fair comment and qualified privilege are unsustainable and must be struck out. The justification defence may proceed only on a reduced basis, limited to allegations of unprofessional conduct not predicated on breach of contract.

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
Strike Out Application, Justification Defence, Fair Comment, Qualified Privilege, Employment Agencies Act, Conduct of Employment Agencies and Employment Business Regulations
Defamation Contract Employment Law Strike Out Application Justification Defence Fair Comment Qualified Privilege Employment Agencies Act +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 defences of justification, fair comment, and qualified privilege should be struck out
  2. 2 Whether the re-engagement clause was incorporated and enforceable
  3. 3 Applicability of the Conduct of Employment Agencies and Employment Business Regulations 2003

Ratio Decidendi

The re-engagement clause was unenforceable due to breaches of the Conduct of Employment Agencies and Employment Business Regulations 2003, and thus cannot support the justification defence in respect of breach of contract. The defences of fair comment and qualified privilege are unsustainable and must be struck out. The justification defence may proceed only on a reduced basis, limited to allegations of unprofessional conduct not predicated on breach of contract.

Court Disposition

Application to strike out defences granted in part

Orders

  • Defences of fair comment and qualified privilege struck out
  • Justification defence to proceed on reduced basis