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...

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vLex
105 cases
  • John v Rees
    • United Kingdom
    • Chancery Division
    • Invalid date
    ...to flout the law once the law was known, and J.'s motion must, therefore, be dismissed (post, pp. 1325F–1326A). General Billposting Co. Ltd. v. Atkinson [1909] A.C. 118, 122, H.L.(E.) (5) That although clause 8 (2) of the constitution of the Labour Party empowered the N.E.C. to take “any ac......
  • Robert Brown v Neon Management Services Ltd
    • United Kingdom
    • Queen's Bench Division
    • 10 August 2018
    ...172 Perhaps of greater significance, given the terms of the Restrictive Covenant Agreement in this case, is Lord Sumption's comment in GeysGeneral Bill posting Ltd v Atkinson [1909] AC 118. 4 The Defendants deny that there were any repudiatory breaches. They say that they were contractually......
  • Globex Foreign Exchange Corp. v. Kelcher et al.,
    • 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......
  • East England Schools CIC (trading as 4Myschools) v Luci Palmer and Another
    • United Kingdom
    • Queen's Bench Division
    • 20 December 2013
    ...counsel on the issue of costs. 1 Cf Yukon Line Ltd v Rendsburg Investments Corporation [2001] 2 Lloyd's Rep 113 at [32], per Potter LJ. 2 [1909] AC 118. Mr Solomon would, if necessary, have argued that that the General Billposting rule is not an absolute one, and that the issue of whether a......
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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......