Ashworth & Ors v The Royal National Theatre
The claimants have strong prospects at trial for breach of contract, but specific performance or interim injunction is not appropriate due to breakdown of trust and confidence, interference with artistic expression under Article 10 ECHR, and adequacy of damages as a remedy. The balance of convenience lies against granting interim relief.
- Parties
- Claimant: Ashworth and Others; Defendant: The Royal National Theatre
- Jurisdiction
- England and Wales
- Judgment Date
- 15 April 2014
- Procedural Posture
- Civil / Interim Application for Injunction or Specific Performance
- Outcome
- Interim relief refused
- Legal Topics
- Specific Performance, Interim Injunctions, Termination of Employment Contracts, Freedom of Artistic Expression
Case Brief
Summary, issues, holding and outcome
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Parties
Ashworth and Others
Claimant
The Royal National Theatre
Defendant
Procedural Posture
Civil / Interim Application for Injunction or Specific Performance
Legal Issues
- 1 Whether the National Theatre was contractually entitled to terminate the claimants' contracts on the grounds set out in its 4 March 2014 letters
- 2 Whether specific performance or an injunction is available to require re-engagement of the claimants
- 3 Whether damages are an adequate remedy for the claimants
Ratio Decidendi
The claimants have strong prospects at trial for breach of contract, but specific performance or interim injunction is not appropriate due to breakdown of trust and confidence, interference with artistic expression under Article 10 ECHR, and adequacy of damages as a remedy. The balance of convenience lies against granting interim relief.
Court Disposition
Interim relief refused
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