Charles Stanley & Co Ltd v Adams [2013] EWHC 2137 (QB) (19 July 2013)

Charles Stanley & Co Ltd v Adams [2013] EWHC 2137 (QB) (19 July 2013)

Contractual provisions allowing the employer to determine a broker's liability for losses are not void for public policy, provided the process is fair and subject to the court's supervisory jurisdiction; the determination procedure in this case was valid and enforceable, and the sum determined is recoverable as a contractual debt.

Citation
[2013] EWHC 2137 (QB)
Parties
Claimant: Charles Stanley & Co Limited; Defendant: John Adams
Jurisdiction
England and Wales
Judgment Date
19 July 2013
Procedural Posture
Contractual Claim (debt Recovery) / High Court Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Contractual Liability, Personal Liability of Self Employed Brokers, Enforceability of Contractual Determination Procedures, Public Policy and Ouster of Court Jurisdiction
Contract Law Employment Law Contractual Liability Personal Liability of Self Employed Brokers Enforceability of Contractual Determination Procedures Public Policy and Ouster of Court Jurisdiction

Case Brief

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Parties

Charles Stanley & Co Limited

Claimant

John Adams

Defendant

Procedural Posture

Contractual Claim (debt Recovery) / High Court Judgment After Trial

Legal Issues

  1. 1 Whether a contractual provision allowing the employer to determine a broker's liability for losses is enforceable or void as contrary to public policy
  2. 2 Whether the determination procedure ousts the jurisdiction of the court

Ratio Decidendi

Contractual provisions allowing the employer to determine a broker's liability for losses are not void for public policy, provided the process is fair and subject to the court's supervisory jurisdiction; the determination procedure in this case was valid and enforceable, and the sum determined is recoverable as a contractual debt.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay claimant £100,000 less £6,775.40 commission already withheld