General Billposting Company, Ltd v Atkinson

JurisdictionUK Non-devolved
Judgment Date14 December 1908
Judgment citation (vLex)[1908] UKHL J1214-1
CourtHouse of Lords
Date14 December 1908
General Billposting Company, Limited
and
Atkinson.

[1908] UKHL J1214-1

House of Lords

1

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:

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 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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75 cases
  • John v Rees
    • United Kingdom
    • Chancery Division
    • Invalid date
    ... ... 1325F–1326A ) ... General Billposting Co. Ltd. v. Atkinson [ 1909 ] A.C. 118 , 122, H.L.(E.) ... of an allotment of shares made at a meeting of the directors of a company at which one director, M., had been appointed immediately before the ... ...
  • Globex Foreign Exchange Corp. v. Kelcher et al., 2011 ABCA 240
    • Canada
    • Court of Appeal (Alberta)
    • 7 April 2011
    ...v. Landry et al. (2007), 315 N.B.R.(2d) 328; 815 A.P.R. 328; 2007 NBCA 51, refd to. [para. 36]. General Billposting Co. v. Atkinson, [1909] A.C. 118; 25 T.L.R. 178 (H.L.), folld. [para. 43]; consd. [para. 144]. Raymond Salons Ltd. v. Boucher, [1990] B.C.T.C. Uned. 87; 47 B.L.R. 217; 1990 Ca......
  • Carewatch Care Services Ltd v Focus Caring Services Ltd and Others
    • United Kingdom
    • Chancery Division
    • 11 July 2014
    ...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......
  • Heyman v Darwins Ltd
    • United Kingdom
    • House of Lords
    • 20 February 1942
    ...repudiation, on the one side, and acceptance of the repudiation, on the other. 10 Thus, in General Billposting Company Ltd. v. Atkinson [1909] A.C. 118, where the Respondent's engagement as manager of the Appellant Company was subject to 12 months' notice and the latter wrongfully dismissed......
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2 firm's commentaries
  • The Second Opinion: Restrictive Covenants And The Sale Of A Business
    • Canada
    • Mondaq Canada
    • 18 September 2013
    ...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......
  • Does A Wrongful Dismissal Relieve An Employee From Restrictive Covenants?
    • Canada
    • Mondaq Canada
    • 4 May 2012
    ...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 ......
2 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...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) ............................
  • Specific Performance: Contracts of Personal Service and Other Service Obligations
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...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......

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