Addis v Gramophone Company, Ltd

JurisdictionEngland & Wales
CourtHouse of Lords
Judgment Date26 Jul 1909
Judgment citation (vLex)[1909] UKHL J0726-1

[1909] UKHL J0726-1

House of Lords

Addis
and
Gramophone Company, Limited.
1

After hearing Counsel, as well on Friday the 25th, as Monday the 28th, and Tuesday the 29th, days of June last, upon the Petition and Appeal of Thomas Dowle Addis, of White Lodge, Peterstow, near Ross-on-Wye, in the County of Hereford, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 5th of February 1909, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed Case of the Gramophone Company, Limited (sued as the Gramophone and Typewriter, Limited), lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 5th day of February 1909, complained of in the said Appeal, be, and the same is hereby, Reversed, and that Judgment be entered for the Appellant for 340 l. 1s. On His Claim: And it is hereby Declared, That the Appellant is entitled to be credited in the account ordered to be taken by an Official Referee, or other person agreed upon, with salary at the rate of 15 l. per week, from the 1st day of October 1905 to the 1st day of April 1906 (being a period of twenty-six weeks), and with all commissions earned by the Calcutta Agency of the Respondents in the said period, and payable to the Appellant under the agreement of the 26th day of September 1902, and that the said account remains to be taken in this Action: And it is further Ordered, That...

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218 cases
  • Johnson v Gore Wood & Company (A Firm)
    • United Kingdom
    • House of Lords
    • 14 December 2000
    ...principle recoverable. Mr. ter Haar took issue with both these points. 75The general rule laid down in Addis v. Gramophone Company Ltd. [1909] A.C. 488 was that damages for breach of contract could not include damages for mental distress. Cases decided over the last century established some......
  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 March 1995
    ...on damages recoverable for breaches of other terms of an employment contract, as the appellants contend. 26 Addis v Gramophone Co.Ltd (1909) AC 488 concerned the claim to damages of an employee to whom the requisite six months notice had been given but who had been excluded from performing ......
  • Kernohan v Governor
    • Cayman Islands
    • Grand Court
    • 11 July 2011
    ...Counsel, for the first, third and fourth defendants; A. Akiwumi for the second defendant. Cases cited: (1) Addis v. Gramophone Co. Ltd., [1909] A.C. 488, followed. (2) Ashcroft (Lord) v. Att.-Gen., [2002] EWHC 1112 (QB), referred to. (3) Bank of Credit & Comm. Intl. S.A. v. Ali (No. 2),......
  • Lafette Edgehill and Others v Greg Christie
    • Jamaica
    • Court of Appeal
    • 30 March 2012
    ...developmental mode, and happily is moving away from the early 20 th century position as enunciated in Addis v Gramophone Company Limited, [1909] AC 488. In Addis the House of Lords held that damages for breach of the contract of employment cannot include compensation for frustration, mental......
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2 firm's commentaries
  • Mutual trust and confidence in employment contracts: has the door to damages been thrust open?
    • Australia
    • Mondaq Australia
    • 9 June 2012
    ...be awarded because of distress or financial loss resulting from the manner of the dismissal itself (applied in Addis v Gramophone Co Ltd [1909] AC 488 – the Addis Rule). What happened in In Shaw, two teachers were dismissed by the NSW Director-General of Education during their probationary ......
  • Employees can claim for 'stigma loss'
    • Australia
    • Mondaq Australia
    • 23 December 2009
    ...be wrong to make Abbey liable for the unlawful actions of third party potential employers. Historically, since Addis v Gramophone Co Ltd [1909] AC 488, it had been settled law that an employee was not entitled to additional compensation for the manner of his/her dismissal; in that case a ma......
10 books & journal articles
  • Whistleblowers, the Public Interest, and the Public Interest Disclosure Act 1998
    • United Kingdom
    • The Modern Law Review Nbr. 63-1, January 2000
    • 1 January 2000
    ...not what they would do if such a situation were to arise.99 See Johnson vUnisys [1999] IRLR 90 re-affirming Addis vGramophone Co [1909] AC 488 (denyingcompensation for losses sustained as a result of the difficulties in finding new employment followingan unfair dismissal). But see Malik vBC......
  • Contractual rights and remedies for dismissed employees after the 'employment revolution'.
    • Australia
    • Melbourne University Law Review Vol. 36 Nbr. 1, April 2012
    • 1 April 2012
    ...CLR 605, 632 (Dixon J); Byrne v Australian Airlines Ltd (1995) 185 CLR 410, 429 (Brennan CJ, Dawson and Toohey JJ) ('Byrne'). (4) Addis [1909] AC 488, 488. See, eg, Lennon v South Australia [2010] SASC 272 (2 September 2010) [676]-[688] (Layton J) ('Lennon'); Russell v The Trustees of the R......
  • Edwards v Chesterfield Royal Hospital – Parliamentary Intention and Damages Caused by Maladministration of a Contractual Dismissal Procedure
    • United Kingdom
    • The Modern Law Review Nbr. 76-1, January 2013
    • 1 January 2013
    ...set out in (1961) British Medical Journal Supplement274.17 Edwards n 1 above at [39].18 ibid at [94].19 ibid at [122].20 ibid at [154].21 [1909] AC 488.22 Edwards n 1 above at [87].Kevin Costello© 2013 TheAuthor.The Moder n Law Review© 2013 The Modern Law Review Limited. 137(2013) 76(1) MLR......
  • It's time exemplary damages were part of the judicial armory in contract
    • Australia
    • University of Western Australia Law Review Nbr. 40-1, December 2015
    • 1 December 2015
    ...[2009] 1 WLR 549 at 558. 63(1848) 1 Ex 850. 64Robinson v Harman (1848) 1 Ex 850 at 855. 65See 'The aims of exemplary damages' below. 66[1909] AC 488. 67Jack Beatson, Anson's Law of Contract (Oxford University Press, 28th ed, 2002) 592. 2015 It's Time Exemplary Damages Were Part of the Judic......
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