Tobias Gruber & Others v (1) Aig Management France Sa

Tobias Gruber & Others v (1) Aig Management France Sa

There was no transfer by D2 of all or substantially all of its assets to D5 or D6; D2 remains the correct party liable under the plans. D4 is not jointly and severally liable under the plan wording. New claimants cannot be joined as their claims are reasonably arguable to be time-barred; they must issue fresh proceedings.

Parties
Claimants: Tobias Gruber & Others; Defendant: AIG Management France SA; Defendant: AIG Financial Products Corp; Defendant: AIG Trading Group Inc; Defendant: AIG Asset Management (Europe) Limited; Defendant: AIG Markets Inc; Defendant: American International Group Inc
Jurisdiction
England and Wales
Judgment Date
15 October 2015
Procedural Posture
Commercial Court Claim / Ruling on Applications for Summary Judgment, Set Aside Service, and Joinder
Outcome
Claims against D4, D5, and D6 dismissed; application for joinder refused.
Legal Topics
Deferred Compensation, Bonus Entitlement, Summary Judgment, Jurisdiction, Limitation Period, Joinder of Parties
Employment Law Contract Law Civil Procedure Deferred Compensation Bonus Entitlement Summary Judgment Jurisdiction Limitation Period +1 more

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Parties

Tobias Gruber & Others

Claimants

AIG Management France SA

Defendant

AIG Financial Products Corp

Defendant

AIG Trading Group Inc

Defendant

AIG Asset Management (Europe) Limited

Defendant

AIG Markets Inc

Defendant

American International Group Inc

Defendant

Procedural Posture

Commercial Court Claim / Ruling on Applications for Summary Judgment, Set Aside Service, and Joinder

Legal Issues

  1. 1 Whether D5 and D6 are liable under the transfer provision of the deferred compensation plan
  2. 2 Whether D4 is jointly and severally liable under the plan
  3. 3 Whether new claimants can be joined given limitation issues

Ratio Decidendi

There was no transfer by D2 of all or substantially all of its assets to D5 or D6; D2 remains the correct party liable under the plans. D4 is not jointly and severally liable under the plan wording. New claimants cannot be joined as their claims are reasonably arguable to be time-barred; they must issue fresh proceedings.

Court Disposition

Claims against D4, D5, and D6 dismissed; application for joinder refused.

Orders

  • Service as against D6 set aside.
  • Summary judgment granted for D4 and D5; claims against them dismissed.