Injunction—Breach of contract—Personal performance

Queen’s Bench Division, Cranston J, 15 Apr 2014

The musicians formerly employed by the National Theatre to play in the production of War Horse were not entitled to an injunction requiring them to be returned to the play pending resolution of their action for unfair dismissal, even though they had a serious case to be tried 
on their contractual claim. 

James Laddie QC & Claire Darwin (instructed by Slater & Gordon (UK) LLP) for the claimants. David Reade QC & Jeremy Lewis (instructed by Harbottle & Lewis LLP) for the defendant.

The claimants were all professional musicians. They had been employed by the defendant, the National Theatre, to perform in the well-known play War Horse. The play involved some recorded and some live music. Production in other countries had involved only recorded music, and after a time the defendant decided only to use recorded music for the London production. In March