Cantor Fitzgerald International v Bird & Ors [2002] EWHC 2736 (QB) (29 July 2002)

Cantor Fitzgerald International v Bird & Ors [2002] EWHC 2736 (QB) (29 July 2002)

Cantor's conduct in aggressively promoting new commission-only contracts, withholding customary salary payments, and undermining trust and confidence amounted to repudiatory breach of employment contracts. The individual defendants were entitled to accept repudiation and resign. Cantor was not entitled to injunctive relief. Icap did not unlawfully induce breach as the employees were entitled to leave due to Cantor's breach.

Citation
[2002] EWHC 2736 (QB)
Parties
Claimant: Cantor Fitzgerald International; Defendant: Edward Bird; Defendant: Luigi Boucher; Defendant: Spencer Gill; Defendant: Garban-Intercapital Management Services Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2002
Procedural Posture
Employment/commercial / Trial of Preliminary Issues (liability and Injunctive Relief), Quantum Held Over
Outcome
Claims for injunctive relief dismissed; liability for repayment of bonuses and forgivable loan to be determined at later quantum hearing.
Legal Topics
Repudiatory Breach, Constructive Dismissal, Inducement of Breach, Post Termination Restrictions, Bonus Repayment, Forgivable Loan
Employment Law Contract Law Commercial Law Repudiatory Breach Constructive Dismissal Inducement of Breach Post Termination Restrictions Bonus Repayment +1 more

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Parties

Cantor Fitzgerald International

Claimant

Edward Bird

Defendant

Luigi Boucher

Defendant

Spencer Gill

Defendant

Garban-Intercapital Management Services Limited

Defendant

Procedural Posture

Employment/commercial / Trial of Preliminary Issues (liability and Injunctive Relief), Quantum Held Over

Legal Issues

  1. 1 Whether Cantor or its employees were in repudiatory breach of employment contracts
  2. 2 Whether Cantor unlawfully induced breach of contract
  3. 3 Whether injunction should be granted against defendants

Ratio Decidendi

Cantor's conduct in aggressively promoting new commission-only contracts, withholding customary salary payments, and undermining trust and confidence amounted to repudiatory breach of employment contracts. The individual defendants were entitled to accept repudiation and resign. Cantor was not entitled to injunctive relief. Icap did not unlawfully induce breach as the employees were entitled to leave due to Cantor's breach.

Court Disposition

Claims for injunctive relief dismissed; liability for repayment of bonuses and forgivable loan to be determined at later quantum hearing.

Orders

  • No injunction granted against any defendant.
  • Questions of quantum and repayment of sums held over for future resolution.