Banfield v Stanmore College [2026] EWHC 617 (KB) (13 March 2026)

Banfield v Stanmore College [2026] EWHC 617 (KB) (13 March 2026)

The Part 8 procedure was inappropriate due to substantial disputes of fact; the injunction staying redundancy was set aside as trust and confidence had broken down and damages were an adequate remedy; neither party was entitled to summary judgment or strike-out at this stage; the matter must proceed under Part 7 with full pleadings and evidence; costs for misuse of Part 8 procedure awarded to the defendant.

Citation
[2026] EWHC 617 (KB)
Parties
Claimant: Dr Beaulah Banfield; Defendant: Stanmore College
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Employment Dispute (redundancy, Breach of Contract) / Interim Applications (injunction, Summary Judgment, Strike Out); Transfer From Part 8 to Part 7 Procedure
Outcome
Defendant's application to set aside injunction granted; claimant's applications for summary judgment, strike-out, and permission to apply for contempt refused; matter transferred to Part 7 procedure; costs for misuse of Part 8 awarded to defendant.
Legal Topics
Redundancy, Breach of Employment Contract, Summary Judgment, Strike Out, Injunctions, Data Protection, Civil Procedure Rules, Litigants in Person
Employment Law Civil Procedure Redundancy Breach of Employment Contract Summary Judgment Strike Out Injunctions Data Protection +2 more

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Parties

Dr Beaulah Banfield

Claimant

Stanmore College

Defendant

Procedural Posture

Employment Dispute (redundancy, Breach of Contract) / Interim Applications (injunction, Summary Judgment, Strike Out); Transfer From Part 8 to Part 7 Procedure

Legal Issues

  1. 1 Whether the redundancy and dismissal of the claimant was in breach of contract
  2. 2 Whether the Part 8 procedure was appropriate for the dispute
  3. 3 Whether the injunction staying redundancy should be set aside

Ratio Decidendi

The Part 8 procedure was inappropriate due to substantial disputes of fact; the injunction staying redundancy was set aside as trust and confidence had broken down and damages were an adequate remedy; neither party was entitled to summary judgment or strike-out at this stage; the matter must proceed under Part 7 with full pleadings and evidence; costs for misuse of Part 8 procedure awarded to the defendant.

Court Disposition

Defendant's application to set aside injunction granted; claimant's applications for summary judgment, strike-out, and permission to apply for contempt refused; matter transferred to Part 7 procedure; costs for misuse of Part 8 awarded to defendant.

Orders

  • Injunction of 28 November 2025 discharged
  • Claim transferred to Part 7 procedure