FW Farnsworth Ltd & Anor v Lacy & Ors

FW Farnsworth Ltd & Anor v Lacy & Ors

Mr Lacy's application for private medical insurance for himself and his family, after reading the 2009 Contract and without protest, was an unequivocal act only referable to acceptance of the 2009 Contract, thereby binding him to its terms, including the post-termination restrictions.

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
Civil / Interlocutory Trial on Preliminary Issue
Outcome
Mr Lacy is bound by the terms of the 2009 Contract as and from the date he applied for private medical insurance.
Legal Topics
Implied Acceptance of Contract, Restrictive Covenants, Employee Benefits, Variation of Contract Terms
Employment Law Contract Law Implied Acceptance of Contract Restrictive Covenants Employee Benefits Variation of Contract Terms

Case Brief

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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

Civil / Interlocutory Trial on Preliminary Issue

Legal Issues

  1. 1 Whether Mr Lacy became bound by the terms of the 2009 Contract, including 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 application for private medical insurance for himself and his family, after reading the 2009 Contract and without protest, was an unequivocal act only referable to acceptance of the 2009 Contract, thereby binding him to its terms, including the post-termination restrictions.

Court Disposition

Mr Lacy is bound by the terms of the 2009 Contract as and from the date he applied for private medical insurance.

Orders

  • Parties to agree a form of order reflecting the court's conclusion that Mr Lacy is bound by the 2009 Contract.