Findlay v Cantor Index Ltd & Ors

Findlay v Cantor Index Ltd & Ors

Leave to amend was granted only for those amendments that had an arguable prospect of success; amendments seeking damages for lost benefits under the Incentive Agreement and implied terms in the Incentive Agreement were refused as they had no real prospect of success and were inconsistent with the express terms of the contracts.

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
Civil / Interlocutory Application for Leave to Amend Pleadings and Partial Summary Judgment
Outcome
Partial summary judgment granted; leave to amend granted in part and refused in part.
Legal Topics
Constructive Dismissal, Implied Terms, Summary Judgment, Amendment of Pleadings, Damages, Remoteness of Damage
Employment Law Contract Law Constructive Dismissal Implied Terms Summary Judgment Amendment of Pleadings Damages Remoteness of Damage

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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

Civil / Interlocutory Application for Leave to Amend Pleadings and Partial Summary Judgment

Legal Issues

  1. 1 Whether leave should be granted to amend the Particulars of Claim
  2. 2 Whether certain amendments have any real prospect of success and should be struck out under CPR 24.2
  3. 3 Whether implied terms can be read into the Employment Contract and Incentive Agreement

Ratio Decidendi

Leave to amend was granted only for those amendments that had an arguable prospect of success; amendments seeking damages for lost benefits under the Incentive Agreement and implied terms in the Incentive Agreement were refused as they had no real prospect of success and were inconsistent with the express terms of the contracts.

Court Disposition

Partial summary judgment granted; leave to amend granted in part and refused in part.

Orders

  • Leave granted to delete certain paragraphs as requested and to amend paragraph 36.2.
  • Leave refused for amendments relating to lost benefits under the Incentive Agreement and implied terms in the Incentive Agreement.