FW Farnsworth Ltd & Anor v Lacy & Ors [2012] EWHC 2830 (Ch) (16 October 2012)

FW Farnsworth Ltd & Anor v Lacy & Ors [2012] EWHC 2830 (Ch) (16 October 2012)

Mr Lacy's voluntary application for private medical insurance for himself and his family, a benefit only available under the 2009 Contract, after reading that contract and without protest, constituted an unequivocal act referable only to acceptance of the 2009 Contract and its terms, including post-termination...

Source-derived case information.

Citation
[2012] EWHC 2830 (Ch)
Parties
Claimant: FW Farnsworth Limited; Claimant: Northern Foods Limited; Defendant: Paul Lacy; Defendant: Maria Yuste; Defendant: Pooles of Wigan Limited; Defendant: Neil Court-Johnston; Defendant: Bobella Limited; Defendant: Joanne Kenedy
Jurisdiction
England and Wales
Judgment Date
16 October 2012
Procedural Posture
Chancery Division Civil Claim / Separate Trial of Preliminary Issue Regarding Contractual Terms and Post Termination Restrictions
Outcome
Mr Lacy is bound by the terms of the 2009 Contract, including post-termination restrictions, from the date of his application for private medical insurance.
Legal Topics
Implied Acceptance of Contract, Restrictive Covenants, Post Termination Restrictions, Employee Benefits, Variation of Employment Terms
Employment Law Contract Law Implied Acceptance of Contract Restrictive Covenants Post Termination Restrictions Employee Benefits Variation of Employment Terms

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Parties

FW Farnsworth Limited

Claimant

Northern Foods Limited

Claimant

Paul Lacy

Defendant

Maria Yuste

Defendant

Pooles of Wigan Limited

Defendant

Neil Court-Johnston

Defendant

Bobella Limited

Defendant

Joanne Kenedy

Defendant

Procedural Posture

Chancery Division Civil Claim / Separate Trial of Preliminary Issue Regarding Contractual Terms and Post Termination Restrictions

Legal Issues

  1. 1 Whether Mr Lacy became bound by the 2009 Contract containing post-termination restrictions despite not signing it
  2. 2 Whether Mr Lacy's conduct amounted to unequivocal acceptance of the 2009 Contract

Ratio Decidendi

Mr Lacy's voluntary application for private medical insurance for himself and his family, a benefit only available under the 2009 Contract, after reading that contract and without protest, constituted an unequivocal act referable only to acceptance of the 2009 Contract and its terms, including post-termination restrictions.

Court Disposition

Mr Lacy is bound by the terms of the 2009 Contract, including post-termination restrictions, from the date of his application for private medical insurance.

Orders

  • Counsel to agree a form of order reflecting the conclusion that Mr Lacy is bound by the 2009 Contract as and from the date of his application for PMI.