Neary v Dean of Westminster

JurisdictionEngland & Wales
Date1999
Year1999
CourtJudges as Visitors
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251 cases
  • Mr Keith Mason v Huddersfield Giants Ltd
    • United Kingdom
    • Queen's Bench Division
    • 15 Julio 2013
    ...of a contract is a serious matter not to be lightly found or inferred. 104 Mr Wilson cites Briscoe v Lubrizol [2002] IRLR 607 and Neary v Dean of Westminster [1999] IRLR 288. Conduct amounting to gross misconduct justifying dismissal must so undermine the trust and confidence which is inh......
  • Fulham Football Club (1987) Ltd v Tigana
    • United Kingdom
    • Queen's Bench Division
    • 12 Noviembre 2004
    ...and recent formulation (if in somewhat archaic language) adopted by Lord Jauncey sitting as a Special Commissioner in the case of Neary v Dean of Westminster [1999] IRLR 288 para 22, is that the conduct "must so undermine the trust and confidence which is inherent in the particular contract......
  • Mr P McNabb v Denholm UK Logistics Ltd: 2401061/2021
    • United Kingdom
    • Employment Tribunal
    • 4 Febrero 2022
    ...balance of probabilities that it had. 78. Mr Black relied on the Court of Appeal’s decision in in Neary and anor v Dean of Westminster [1999] IRLR 288, Special Commissioner (Westminster where Lord Jauncey asserted that the conduct ‘must so undermine the trust and confidence which is inheren......
  • Ms D Hill v Able Healthcare Ltd: 3306239/2021
    • United Kingdom
    • Employment Tribunal
    • 1 Marzo 2022
    ...79. In Briscoe v Lubrizol Ltd [2002] EWCA Civ 50, the court of appeal approved the test set out in Neary and anor v Dean of Westminster 1999 IRLR 288: the employee’s conduct “must so undermine the trust and confidence which is inherent in the particular contract of employment that the [empl......
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1 firm's commentaries
2 books & journal articles
  • Employers' Liability at Common Law: Two Competing Paradigms
    • United Kingdom
    • Edinburgh Law Review No. , May 2008
    • 1 Mayo 2008
    ...and Hack v Fernley Airport Services Ltd [2004] All ER (D) 56. See also the wrongful dismissal case of Neary v Dean of Westminster [1999] IRLR 288, in particular, the dictum of Lord Jauncey at Contributory negligence in contract One issue which would have to be resolved, if the trust duty wa......
  • The Employment Relationship and Fiduciary Obligations
    • United Kingdom
    • Edinburgh Law Review No. , May 2012
    • 1 Mayo 2012
    ...32, 2011 SLT 806. There are, though, weighty dicta to the contrary; such as the opinion of Lord Jauncey in Neary v Dean of Westminster.44[1999] IRLR 288. Again, in Attorney-General v Blake, Lord Woolf stated that:55[1998] Ch There is more than one category of fiduciary relationship, and the......

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