Dr Beaulah Banfield v Stanmore College
The claim was unsuitable for Part 8 procedure 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 as further evidence was required; the claimant's application for contempt was wholly misconceived and refused; the matter was transferred to Part 7 for full pleadings and directions.
- Parties
- Claimant: Dr Beaulah Banfield; Defendant: Stanmore College
- Jurisdiction
- England and Wales
- Judgment Date
- 16 March 2026
- Procedural Posture
- Employment Dispute (redundancy, Breach of Contract) / Interlocutory Applications (injunction, Summary Judgment, Strike Out, Contempt); Transfer From Part 8 to Part 7 Procedure
- Outcome
- Defendant's application to set aside injunction granted; both parties' applications for summary judgment/strike out refused; claimant's application for permission for contempt refused; claim transferred to Part 7 procedure; costs of and occasioned by incorrect use of Part 8 procedure awarded to defendant; costs on...
- Legal Topics
- Redundancy, Breach of Employment Contract, Summary Judgment, Strike Out, Injunctions, Contempt of Court, Data Protection, Civil Procedure Rules
Case Brief
Summary, issues, holding and outcome
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Parties
Dr Beaulah Banfield
Claimant
Stanmore College
Defendant
Procedural Posture
Employment Dispute (redundancy, Breach of Contract) / Interlocutory Applications (injunction, Summary Judgment, Strike Out, Contempt); Transfer From Part 8 to Part 7 Procedure
Legal Issues
- 1 Whether the redundancy and dismissal of the claimant was a sham and in breach of contract
- 2 Whether the Part 8 procedure was appropriate given disputed facts
- 3 Whether the injunction staying redundancy should be set aside
Ratio Decidendi
The claim was unsuitable for Part 8 procedure 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 as further evidence was required; the claimant's application for contempt was wholly misconceived and refused; the matter was transferred to Part 7 for full pleadings and directions.
Court Disposition
Defendant's application to set aside injunction granted; both parties' applications for summary judgment/strike out refused; claimant's application for permission for contempt refused; claim transferred to Part 7 procedure; costs of and occasioned by incorrect use of Part 8 procedure awarded to defendant; costs on...
Orders
- Injunction of 28 November 2025 set aside as of judgment date
- Claim transferred to Part 7 procedure
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