Kahn v Dunlop Haywards (DHL) Ltd

Kahn v Dunlop Haywards (DHL) Ltd

The court found that the claimant's interpretation of the special bonus agreement was correct. The agreement, as confirmed by the claimant's email of 18 March 2005 and accepted by the defendant, entitled the claimant to bonuses on all referrals, including repeat business, without the application of the 70/30...

Source-derived case information.

Parties
Claimant: Mr David Kahn; Defendant: Dunlop Haywards (DHL) Ltd
Jurisdiction
England and Wales
Judgment Date
15 November 2007
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Bonus Entitlement, Interpretation of Employment Contracts, Implied Terms, Remuneration Disputes
Contract Law Employment Law Bonus Entitlement Interpretation of Employment Contracts Implied Terms Remuneration Disputes

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr David Kahn

Claimant

Dunlop Haywards (DHL) Ltd

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is entitled to bonuses under a special bonus scheme for 2005 and 2006
  2. 2 Proper interpretation of the special bonus agreement reached between the claimant and defendant
  3. 3 Whether the 70/30 departmental split applies to the claimant's bonus calculation

Ratio Decidendi

The court found that the claimant's interpretation of the special bonus agreement was correct. The agreement, as confirmed by the claimant's email of 18 March 2005 and accepted by the defendant, entitled the claimant to bonuses on all referrals, including repeat business, without the application of the 70/30 departmental split. The worked example in the email supported this interpretation, and the factual matrix indicated the agreement was intended to provide a material improvement over the standard scheme to retain the claimant and his client base.

Court Disposition

Claim allowed

Orders

  • An account is to be taken of all bonus payments due to the claimant under the special bonus scheme for 2005 and 2006, in accordance with the claimant's interpretation as accepted by the court.