Wednesday 4 – Thursday 5 May 2022
NOTE: DUE TO UNFORESEEN CIRCUMSTANCES THIS APPEAL HAS HAD TO BE ADJOURNED ON THE MORNING OF THE 5TH MAY AND THE FINAL DAY IS PART HEARD TO A LATER DATE
The Claimant appeals against the order made by Mr Anthony Metzer QC (sitting as Deputy High Court Judge).
C is the former Chairman and Chief Executive of the D1 (the AA). He was dismissed on 1/8/17 for gross misconduct.
C claims that his dismissal was wrongful ie in breach of contract.
Ds applied for strike out/summary judgment in respect of parts of the claim.
The first and second applications dealt with certain heads of loss claimed for breach of contract. In the first application, the judge struck out paras 42.2 and 42.3 of the APOC.
In the second application, he granted summary judgment in respect of paras 42.3 to 42.5 and 43 of the APOC.
The C appeals against the judge’s decision on the first and second applications.
The applications did not dispose of the claim in total. The claim will proceed to trial as a claim for damages for wrongful dismissal.