Vigeland v Ennismore Fund Management Ltd & Anor [2012] EWHC 3099 (Ch) (07 November 2012)

Vigeland v Ennismore Fund Management Ltd & Anor [2012] EWHC 3099 (Ch) (07 November 2012)

There was no enforceable oral Bonus Agreement as alleged by the claimant; bonuses were discretionary and subject to the terms of the employment contract and the EBT, which was a discretionary trust. The claimant had no absolute entitlement to EBT contributions after the clawback period, and any distribution remained subject to the trustee's discretion. No misrepresentation or breach of trust/fiduciary duty was established. The claimant's claims failed.

Citation
[2012] EWHC 3099 (Ch)
Parties
Claimant: Arne Vigeland; First Defendant: Ennismore Fund Management Limited; Second Defendant: Vistra Corporate Services Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2012
Procedural Posture
High Court Chancery Division Civil Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Bonus Entitlement, Discretionary Trusts, Breach of Contract, Misrepresentation, Fiduciary Duty, Employee Benefit Trusts, Clawback Provisions
Employment Law Trusts Law Contract Law Bonus Entitlement Discretionary Trusts Breach of Contract Misrepresentation Fiduciary Duty +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Arne Vigeland

Claimant

Ennismore Fund Management Limited

First Defendant

Vistra Corporate Services Limited

Second Defendant

Procedural Posture

High Court Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether there was an enforceable oral Bonus Agreement entitling the claimant to bonus payments on the terms alleged
  2. 2 Whether the claimant was entitled to absolute and unconditional rights to EBT contributions after the clawback period
  3. 3 Whether the defendants breached contract, misrepresented, or breached trust/fiduciary duty regarding bonus payments and EBT distributions

Ratio Decidendi

There was no enforceable oral Bonus Agreement as alleged by the claimant; bonuses were discretionary and subject to the terms of the employment contract and the EBT, which was a discretionary trust. The claimant had no absolute entitlement to EBT contributions after the clawback period, and any distribution remained subject to the trustee's discretion. No misrepresentation or breach of trust/fiduciary duty was established. The claimant's claims failed.

Court Disposition

Claim dismissed

Orders

  • All claims by the claimant are dismissed
  • No order for distribution from the EBT is made