Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2011] EWCA Civ 229 (08 March 2011)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2011] EWCA Civ 229 (08 March 2011)

The Court of Appeal held that the claimants' case regarding the enforceability of the guaranteed minimum bonus pool as announced at the Town Hall meeting should not have been summarily dismissed, as there were triable issues of fact and law regarding contractual formation, consideration, and acceptance. The bank's appeal regarding the MAC clause and bonus letters was also dismissed, as the issues required factual investigation at trial. Both applications for summary judgment were set aside and the claims were to proceed to trial.

Citation
[2011] EWCA Civ 229
Parties
Claimants: Attrill and others; Claimants: Fahmi Anar & others; Defendant: Dresdner Kleinwort Ltd; Defendant: Commerzbank AG
Jurisdiction
England and Wales
Judgment Date
08 March 2011
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in Queen's Bench Division
Outcome
Both applications for summary judgment set aside; claims to proceed to trial.
Legal Topics
Employment Contracts, Bonus Entitlements, Summary Judgment, Variation of Contract, Consideration, Acceptance, Discretionary Bonuses
Employment Law Contract Law Employment Contracts Bonus Entitlements Summary Judgment Variation of Contract Consideration Acceptance +1 more

Case Brief

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Parties

Attrill and others

Claimants

Fahmi Anar & others

Claimants

Dresdner Kleinwort Ltd

Defendant

Commerzbank AG

Defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in Queen's Bench Division

Legal Issues

  1. 1 Whether statements at the Town Hall meeting on 18 August 2008 created enforceable contractual rights to a guaranteed minimum bonus pool
  2. 2 Whether the insertion and operation of the MAC clause in bonus letters was contractually justified
  3. 3 Whether summary judgment was appropriate on either issue

Ratio Decidendi

The Court of Appeal held that the claimants' case regarding the enforceability of the guaranteed minimum bonus pool as announced at the Town Hall meeting should not have been summarily dismissed, as there were triable issues of fact and law regarding contractual formation, consideration, and acceptance. The bank's appeal regarding the MAC clause and bonus letters was also dismissed, as the issues required factual investigation at trial. Both applications for summary judgment were set aside and the claims were to proceed to trial.

Court Disposition

Both applications for summary judgment set aside; claims to proceed to trial.

Orders

  • Judge's order of 28 May 2010 set aside
  • Both applications for summary judgment dismissed