Gutermann Messtechnik & Anor v Hartley & Anor (Rev 1)

Gutermann Messtechnik & Anor v Hartley & Anor (Rev 1)

Mr Hartley is not entitled to a bonus based on 30% of Gutermann profits; his entitlement is limited to bonus under the 2000 Agreement for sales in 14 named countries. He held shares in Gutermann UK Limited as nominee for Mr Gutermann. He is not entitled to a 4% share in the Gutermann group. The claim for misappropriation is reserved for phase 2. Mr Hartley must deliver up documents retained after employment; the need for a continuing injunction is subject to further argument.

Parties
Claimant: Gutermann Messtechnik; Claimant: Gutermann UK Limited; Defendant: Dale Jonathan Hartley; Defendant: Ann Charlotte Hartley
Jurisdiction
England and Wales
Judgment Date
19 April 2012
Procedural Posture
Civil / Judgment After Trial (phase 1)
Outcome
Claims for bonus based on 30% profits and 4% share in group dismissed; entitlement to bonus under 2000 Agreement for sales in 14 countries upheld; Mr Hartley held shares as nominee; order for delivery up of documents; injunction subject to further argument.
Legal Topics
Bonus Entitlement, Nominee Shareholding, Misappropriation, Trade Secrets, Quantum Meruit, Injunctions
Employment Law Company Law Confidential Information Bonus Entitlement Nominee Shareholding Misappropriation Trade Secrets Quantum Meruit +1 more

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Parties

Gutermann Messtechnik

Claimant

Gutermann UK Limited

Claimant

Dale Jonathan Hartley

Defendant

Ann Charlotte Hartley

Defendant

Procedural Posture

Civil / Judgment After Trial (phase 1)

Legal Issues

  1. 1 Whether Mr Hartley was entitled to a bonus based on 30% of Gutermann profits or only under the 2000 Agreement
  2. 2 Whether Mr Hartley held shares in Gutermann UK Limited as nominee for Mr Gutermann
  3. 3 Whether Mr Hartley was entitled to a 4% share in the Gutermann group

Ratio Decidendi

Mr Hartley is not entitled to a bonus based on 30% of Gutermann profits; his entitlement is limited to bonus under the 2000 Agreement for sales in 14 named countries. He held shares in Gutermann UK Limited as nominee for Mr Gutermann. He is not entitled to a 4% share in the Gutermann group. The claim for misappropriation is reserved for phase 2. Mr Hartley must deliver up documents retained after employment; the need for a continuing injunction is subject to further argument.

Court Disposition

Claims for bonus based on 30% profits and 4% share in group dismissed; entitlement to bonus under 2000 Agreement for sales in 14 countries upheld; Mr Hartley held shares as nominee; order for delivery up of documents; injunction subject to further argument.

Orders

  • Mr Hartley to deliver up documents retained after employment
  • Entitlement to bonus under 2000 Agreement for sales in 14 countries