Keen v Commerzbank Ag

Keen v Commerzbank Ag

The Bank has not adduced sufficient evidence to show its bonus decisions were not irrational or perverse; the Claimant's claim has a real prospect of success and should proceed to trial.

Parties
Claimant: James Keen; Defendant: Commerzbank AG
Jurisdiction
England and Wales
Judgment Date
07 April 2006
Procedural Posture
Employment Contract Dispute / Summary Judgment Application
Outcome
Application for summary judgment dismissed; claim to proceed to trial.
Legal Topics
Bonus Entitlement, Discretionary Bonus, Implied Terms, Unfair Contract Terms Act 1977, Rationality and Perversity in Discretion
Employment Law Contract Law Bonus Entitlement Discretionary Bonus Implied Terms Unfair Contract Terms Act 1977 Rationality and Perversity in Discretion

Case Brief

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Parties

James Keen

Claimant

Commerzbank AG

Defendant

Procedural Posture

Employment Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether the Bank exercised its discretion over bonus awards irrationally or perversely
  2. 2 Whether the contractual clause excluding bonus payment for employees not employed at payment date is enforceable
  3. 3 Whether the Unfair Contract Terms Act 1977 applies to the employment contract

Ratio Decidendi

The Bank has not adduced sufficient evidence to show its bonus decisions were not irrational or perverse; the Claimant's claim has a real prospect of success and should proceed to trial.

Court Disposition

Application for summary judgment dismissed; claim to proceed to trial.

Orders

  • Application dismissed
  • Further directions for trial to be given