General Billposting Company, Ltd v Atkinson
Jurisdiction | UK Non-devolved |
Judgment Date | 14 December 1908 |
Judgment citation (vLex) | [1908] UKHL J1214-1 |
Court | House of Lords |
Date | 14 December 1908 |
[1908] UKHL J1214-1
House of Lords
After hearing Counsel on Tuesday the 27th day of October last upon the Petition and Appeal of the General Billposting Company, Limited, whose Registered Office is situate at 29 St. Andrew Square, Edinburgh, Scotland, 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 1st of February 1908, 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 Petitioners 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 Thomas Anthony Atkinson, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:
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 1st day of February 1908, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said...
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...of the letters, presumably Mr Pratt, probably thought it unnecessary to refer explicitly to General Billposting Co Ltd v Atkinson [1909] AC 118. Nor was that all. It was further alleged that the covenants would anyway be unenforceable "because Carewatch does not have any know how to protect......
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...A similar rule exists at common law where an employer wrongfully dismisses an employee: see General Billposting Co Ltd v Atkinson, [1909] A.C. 118 (H.L.); and Globex Foreign Exchange Corporation v. Kelcher, 2011 ABCA According to Wagner J., art. 2095 only applies to a restrictive covenant t......
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...The decision in Globex is based upon an old English House of Lords decision in a case known as General Billposting Co. Ltd. v. Atkinson, [1909] A.C. 118, which held that the wrongful termination of the employment contract by the employer rendered the restrictive covenants in the employment ......
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Table of cases
...1636 ................................................................................. 148, 149 General Billposting Co Ltd v Atkinson, [1909] AC 118 (HL) ............................ 578 General Mills Canada Ltd v Maple Leaf Mills Ltd (1980), 52 CPR (2d) 218 (Ont HCJ) ............................
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...see J. McCamus, The Law of Contracts , 3d ed (Toronto: Irwin Law, 2020), ch 12, section B(4). 53 General Billposting Co Ltd v Atkinson , [1909] AC 118 (HL). 54 ServiceMaster of Canada Ltd v Meyer , 2019 ABCA 130 at paras 118–20. 55 Lumley v Wagner (1852), 1 De GM & G 604, 42 ER 687 (Ch). 56......