Deir v Al Athel & Ors

Deir v Al Athel & Ors

The issue of 'active involvement' was properly raised in the pleadings and evidence. The trial judge was entitled to find that an oral agreement existed for director's fees, subject to the requirement of active involvement, and to award fees for the relevant companies. There was no error of law or procedural unfairness.

Parties
Appellant: Deir; Respondents: Al Athel & Ors
Jurisdiction
England and Wales
Judgment Date
12 January 2012
Procedural Posture
Civil Appeal / Application for Permission to Appeal (rolled Up Hearing)
Outcome
Application for permission to appeal refused
Legal Topics
Oral Agreements, Director's Fees, Remuneration, Active Involvement, Procedural Fairness
Contract Law Employment Law Oral Agreements Director's Fees Remuneration Active Involvement Procedural Fairness

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Parties

Deir

Appellant

Al Athel & Ors

Respondents

Procedural Posture

Civil Appeal / Application for Permission to Appeal (rolled Up Hearing)

Legal Issues

  1. 1 Whether there was an enforceable oral agreement for director's fees of £20,000 per company per annum
  2. 2 Whether the requirement of 'active involvement' was properly pleaded and considered
  3. 3 Whether the judge erred in law or procedure by introducing the concept of 'active involvement'

Ratio Decidendi

The issue of 'active involvement' was properly raised in the pleadings and evidence. The trial judge was entitled to find that an oral agreement existed for director's fees, subject to the requirement of active involvement, and to award fees for the relevant companies. There was no error of law or procedural unfairness.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused