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 seeking to impose new commission-only terms, withholding salary, and the manner of management's conduct amounted to a repudiatory breach of contract, entitling the employees to resign and treat their contracts as terminated. Icap did not unlawfully induce breach as the contracts had already been repudiated by Cantor.

Citation
[2002] EWHC 2736
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/contractual Dispute / Trial of Preliminary Issues (liability and Injunctive Relief), Quantum Held Over
Outcome
Claims by Cantor dismissed; counterclaims for damages to be determined at quantum stage.
Legal Topics
Repudiatory Breach of Contract, Constructive Dismissal, Unlawful Inducement of Breach of Contract, Restrictive Covenants, Bonus and Remuneration Disputes
Employment Law Contract Law Repudiatory Breach of Contract Constructive Dismissal Unlawful Inducement of Breach of Contract Restrictive Covenants Bonus and Remuneration Disputes

Case Brief

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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/contractual Dispute / Trial of Preliminary Issues (liability and Injunctive Relief), Quantum Held Over

Legal Issues

  1. 1 Whether Cantor or the employees were in repudiatory breach of contract
  2. 2 Whether Icap unlawfully induced breach of contract
  3. 3 Whether injunctive relief should be granted

Ratio Decidendi

Cantor's conduct in aggressively seeking to impose new commission-only terms, withholding salary, and the manner of management's conduct amounted to a repudiatory breach of contract, entitling the employees to resign and treat their contracts as terminated. Icap did not unlawfully induce breach as the contracts had already been repudiated by Cantor.

Court Disposition

Claims by Cantor dismissed; counterclaims for damages to be determined at quantum stage.

Orders

  • No injunction granted against any defendant
  • Liability for repayment of bonuses and loan held over to quantum trial