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05 January 2012
Issue: 7495 / Categories: Case law , Law reports , In Court
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Unfair dismissal—Constructive dismissal—Damages

Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence [2011] UKSC 58, [2011] All ER (D) 101 (Dec)

Supreme Court, Lord Phillips P, Lord Walker, Lady Hale, Lord Mance, Lord Kerr, Lord Dyson and Lord Wilson SCJJ, 14 Dec 2011

The reasoning in Johnson v Unisys Ltd [2001] UKHL 13, [2001] 2 All ER 801 applies so as to preclude recovery of damages for loss arising from the unfair manner of a dismissal in breach of an express term of an employment contract.

Mark Sutton QC and Marcus Pilgerstorfer (instructed by DAC Beachcroft LLP) for the first appellant. Wendy Outhwaite QC (instructed by Treasury Solicitors) for the second appellant. Mary O’Rourke QC and Oliver Williamson (instructed by Ryan Solicitors) for the first respondent. Frederic Reynold QC and Philip Mead (instructed by Dean Wilson LLP) for the second respondent.

The respondents had been dismissed by the appellants, their respective employers, following allegations of misconduct. Both respondents issued claims in the High Court for damages for breach of their

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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