Watson v Durham University
There was a real prospect of success in Professor Watson’s claim for breach of contract due to unreasonable suspension, damages were not an adequate remedy, and the balance of convenience favoured granting an injunction. The judge below erred by not considering the claim on the correct legal basis despite poor...
Source-derived case information.
- Parties
- Appellant: Professor Robert Watson; Respondent: Durham University
- Jurisdiction
- England and Wales
- Judgment Date
- 24 October 2008
- Procedural Posture
- Civil / Appeal From Refusal of Injunction
- Outcome
- appeal allowed
- Legal Topics
- Suspension From Employment, Injunctions, Breach of Contract, Implied Term of Trust and Confidence
Source-derived case record
Summary, issues, holding and outcome
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Parties
Professor Robert Watson
Appellant
Durham University
Respondent
Procedural Posture
Civil / Appeal From Refusal of Injunction
Legal Issues
- 1 Whether the suspension of Professor Watson was a breach of contract
- 2 Whether the court had jurisdiction to grant an injunction
- 3 Whether damages were an adequate remedy
Ratio Decidendi
There was a real prospect of success in Professor Watson’s claim for breach of contract due to unreasonable suspension, damages were not an adequate remedy, and the balance of convenience favoured granting an injunction. The judge below erred by not considering the claim on the correct legal basis despite poor presentation.
Court Disposition
appeal allowed
Orders
- permission to appeal granted
- appeal allowed
Full Case Text
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