Pease v Henderson Administration Ltd

Pease v Henderson Administration Ltd

Management fees payable to Mr Pease under Clause 3.7.1 were not subject to deferral or forfeiture under Clause 3.3.1; Henderson breached Clause 3.6.1 by not permitting Mr Pease to replace the relevant Henderson Group company as manager of the ESSF; however, only nominal damages were awarded for this breach as substantial loss was not proven; Henderson's claim under Clause 3.6.2 failed as the contractual trigger was not met.

Parties
Claimant: Richard Pease; Defendant: Henderson Administration Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Civil (contract/employment) / Judgment After Full Trial
Outcome
Claimant's claim for management fees succeeds; nominal damages for breach of Clause 3.6.1; Defendant's counterclaim dismissed.
Legal Topics
Interpretation of Employment Contracts, Remuneration and Management Fees, Breach of Contract, Damages, Estoppel, Variation of Contract
Contract Law Employment Law Interpretation of Employment Contracts Remuneration and Management Fees Breach of Contract Damages Estoppel Variation of Contract

Case Brief

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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Richard Pease

Claimant

Henderson Administration Limited

Defendant

Procedural Posture

Civil (contract/employment) / Judgment After Full Trial

Legal Issues

  1. 1 Whether management fees payable to Mr Pease under Clause 3.7.1 were subject to deferral and forfeiture under Clause 3.3.1
  2. 2 Whether Henderson breached Clause 3.6.1 by refusing to permit Mr Pease to replace the relevant Henderson Group company as manager of the ESSF
  3. 3 Whether Mr Pease is entitled to damages for breach of Clause 3.6.1

Ratio Decidendi

Management fees payable to Mr Pease under Clause 3.7.1 were not subject to deferral or forfeiture under Clause 3.3.1; Henderson breached Clause 3.6.1 by not permitting Mr Pease to replace the relevant Henderson Group company as manager of the ESSF; however, only nominal damages were awarded for this breach as substantial loss was not proven; Henderson's claim under Clause 3.6.2 failed as the contractual trigger was not met.

Court Disposition

Claimant's claim for management fees succeeds; nominal damages for breach of Clause 3.6.1; Defendant's counterclaim dismissed.

Orders

  • Mr Pease is entitled to unpaid management fees under Clause 3.7.1.
  • Nominal damages awarded to Mr Pease for breach of Clause 3.6.1.