Brown v Luxrad Ltd (t/a Surbiton Hill Garage) [1998] UKEAT 1255_97_1506 (15 June 1998)

Brown v Luxrad Ltd (t/a Surbiton Hill Garage) [1998] UKEAT 1255_97_1506 (15 June 1998)

The issue of illegality must be addressed by both parties through affidavits, as it was not properly raised or addressed during the original hearing.

Citation
[1998] UKEAT 1255_97_1506
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
15 June 1998
Procedural Posture
Appeal / Preliminary Hearing
Outcome
Directions given for further affidavits and procedural steps; no final determination on merits at this stage.
Legal Topics
Fixed Term Contracts, Termination on Notice, Illegality of Contract, Procedural Fairness
Contract Law Employment Law Fixed Term Contracts Termination on Notice Illegality of Contract Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Preliminary Hearing

Legal Issues

  1. 1 Proper construction of the written service contract
  2. 2 Whether the contract was fixed-term and terminable on notice
  3. 3 Reasonableness of notice period for termination

Ratio Decidendi

The issue of illegality must be addressed by both parties through affidavits, as it was not properly raised or addressed during the original hearing.

Court Disposition

Directions given for further affidavits and procedural steps; no final determination on merits at this stage.

Orders

  • Both parties to file affidavits within 21 days addressing the question of illegality.
  • Affidavits to be sent to the Chairman for further comments.