Findlay v Cantor Index Ltd & Ors [2007] EWHC 643 (QB) (23 March 2007)

Findlay v Cantor Index Ltd & Ors [2007] EWHC 643 (QB) (23 March 2007)

The proposed amendments to the Particulars of Claim relating to lost benefits under the Incentive Agreement and implied terms have no real prospect of success, are inconsistent with the express terms of the contracts, and fall outside the reasonable contemplation of the parties at the time of contracting. Summary judgment is justified and leave to amend is refused for these claims.

Citation
[2007] EWHC 643
Parties
Claimant: Lewis Findlay; First Defendant: Cantor Index Limited; Second Defendant: Cantor Index Holdings LP; Third Defendant: BGC International (Formerly Cantor Fitzgerald International)
Jurisdiction
England and Wales
Judgment Date
23 March 2007
Procedural Posture
High Court Civil Claim / Interlocutory Application for Leave to Amend Pleadings and Summary Judgment
Outcome
Leave to amend granted in part; leave to re-amend refused for claims relating to lost benefits under the Incentive Agreement and implied terms; summary judgment granted in part.
Legal Topics
Constructive Dismissal, Implied Terms, Summary Judgment, Contractual Interpretation, Damages, Incentive Agreements
Employment Law Contract Law Commercial Law Constructive Dismissal Implied Terms Summary Judgment Contractual Interpretation Damages +1 more

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Parties

Lewis Findlay

Claimant

Cantor Index Limited

First Defendant

Cantor Index Holdings LP

Second Defendant

BGC International (Formerly Cantor Fitzgerald International)

Third Defendant

Procedural Posture

High Court Civil Claim / Interlocutory Application for Leave to Amend Pleadings and Summary Judgment

Legal Issues

  1. 1 Whether amendments to the Particulars of Claim should be permitted
  2. 2 Whether certain claims have real prospects of success
  3. 3 Whether implied terms can be read into the Incentive Agreement

Ratio Decidendi

The proposed amendments to the Particulars of Claim relating to lost benefits under the Incentive Agreement and implied terms have no real prospect of success, are inconsistent with the express terms of the contracts, and fall outside the reasonable contemplation of the parties at the time of contracting. Summary judgment is justified and leave to amend is refused for these claims.

Court Disposition

Leave to amend granted in part; leave to re-amend refused for claims relating to lost benefits under the Incentive Agreement and implied terms; summary judgment granted in part.

Orders

  • Leave granted to delete certain paragraphs as requested.
  • Leave granted to amend paragraph 36.2 regarding lost salary and partnership benefits.