Fulthorpe & Anor v Heal (Contract of Employment : Damages for breach of contract) [2012] UKEAT 0420_11_2001 (20 January 2012)
Default and review judgments conclusively determined joint and several liability for compensation; appeal against those judgments was out of time and cannot be reopened; remedy judgment stands unchallenged as to quantum.
- Citation
- [2012] UKEAT 0420_11_2001
- Parties
- First Appellant: Mr Jonathan Fulthorpe; Second Appellant: Asturius Europe Ltd; Respondent: Ms Heal
- Jurisdiction
- United Kingdom
- Judgment Date
- 20 January 2012
- Procedural Posture
- Employment Appeal / Appeal Against Remedy Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Breach of Contract, Unlawful Deduction From Wages, Sex Discrimination, Injury to Feelings, Joint and Several Liability, Liquidation
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Jonathan Fulthorpe
First Appellant
Asturius Europe Ltd
Second Appellant
Ms Heal
Respondent
Procedural Posture
Employment Appeal / Appeal Against Remedy Judgment
Legal Issues
- 1 Whether Mr Fulthorpe is personally liable for compensation awarded to the Claimant
- 2 Whether appeal against default and review judgments can be entertained out of time
- 3 Whether compensation for injury to feelings should be apportioned between Respondents
Ratio Decidendi
Default and review judgments conclusively determined joint and several liability for compensation; appeal against those judgments was out of time and cannot be reopened; remedy judgment stands unchallenged as to quantum.
Court Disposition
Appeal dismissed
Orders
- Default and review judgments stand
- Remedy judgment stands
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