Joseph v Spiller

Subject Matter

EMPLOYMENT — Contract of employment — Illegality — Work-seeker entering into online agreement with entertainment agency— Agreement referring work-seeker to separate document containing terms and conditions of hire— Work-seeker directly re-engaged by hirer in breach of hire condition— Agency publishing statement on website alleging claimants untrustworthy— Whether condition unenforceable by reason of breach of statutory requirement for terms of work-seeker’s agreement in single document— Whether statement fair comment— Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), reg 14(2)

[2009] EWCA Civ 1075; [2010] ICR 642; [2009] WLR (D) 306, CA

DEFAMATION — Fair comment — Test of fairness — Posting on defendants’ website stating claimants in breach of contract and warning of their liability to break contracts— No particulars of alleged breach given— Whether defendants entitled to rely on alleged breach to support comment— Whether defence of fair comment requiring sufficient detail in statement to allow reader to judge if comment well founded— Defence to be renamed “honest comment”

[2010] UKSC 53; [2011] 1 AC 852; [2010] 3 WLR 1791; [2011] ICR 1; [2011] 1 All ER 947; [2010] WLR (D) 310; Case details, SC(E)

Appellate History