Ashworth & Ors v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014)

Ashworth & Ors v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014)

Although the claimants have a strong case that the National Theatre breached contract by terminating their employment outside the contractually permitted grounds, interim relief is refused because specific performance or injunction is inappropriate where there is a loss of confidence, practical difficulties in...

Source-derived case information.

Citation
[2014] EWHC 1176
Parties
Claimant: Ashworth and Others; Defendant: The Royal National Theatre
Jurisdiction
England and Wales
Judgment Date
15 April 2014
Procedural Posture
Application for Interim Injunction/specific Performance in Breach of Contract Claim / Interim Relief Application Prior to Trial
Outcome
Interim relief refused; application dismissed
Legal Topics
Interim Injunctions, Specific Performance, Wrongful Dismissal, Freedom of Artistic Expression, Employment Contracts, Remedies for Breach of Contract
Employment Law Contract Law Human Rights Interim Injunctions Specific Performance Wrongful Dismissal Freedom of Artistic Expression Employment Contracts +1 more

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Summary, issues, holding and outcome

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Parties

Ashworth and Others

Claimant

The Royal National Theatre

Defendant

Procedural Posture

Application for Interim Injunction/specific Performance in Breach of Contract Claim / Interim Relief Application Prior to Trial

Legal Issues

  1. 1 Whether the National Theatre was contractually entitled to terminate the claimants' contracts on grounds of redundancy/creative decision
  2. 2 Whether claimants are entitled to interim relief (injunction or specific performance) pending trial
  3. 3 Whether damages are an adequate remedy for the claimants

Ratio Decidendi

Although the claimants have a strong case that the National Theatre breached contract by terminating their employment outside the contractually permitted grounds, interim relief is refused because specific performance or injunction is inappropriate where there is a loss of confidence, practical difficulties in reintegration, and significant interference with the National Theatre's artistic freedom under Article 10 ECHR. Damages are an adequate remedy and the balance of convenience lies against granting interim relief.

Court Disposition

Interim relief refused; application dismissed

Orders

  • Application for interim injunction or specific performance refused
  • No order for reinstatement of claimants pending trial