||All England Reporter
|| All ER (D) 123 (Nov)
|| EWCA Civ 1331
||Court of Appeal, Civil Division
Mummery, Stanley Burnton and Patten LJJ
||Richard Power (instructed by Saunders Bearman) for the appellant.
||Charles Joseph (instructed by DWFM Beckman) for the respondent.
||17 November 2011
Employment - Contract of service - Construction - Claimant working for defendant solicitors - Claimant resigning and claiming outstanding commission - Defendant counter-claiming for £10,000 allegedly due under contract of employment - Judge dismissing counter-claim - Whether judge erring.
Employment Contract of service. The Court of Appeal, Civil Division, held that the claim and counter-claim would be remitted to be tried by a different judge as there had been findings as to the terms of the employment contract between the parties that had not been based on findings of primary fact and were unsustainable on the basis of what, in the absence of appropriate findings, was clearly a contractual document containing the relevant terms.
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