MacLeod v Mears Ltd [2014] EWHC 3140 (QB) (07 October 2014)

MacLeod v Mears Ltd [2014] EWHC 3140 (QB) (07 October 2014)

The claim as pleaded did not include a claim for a share in a bonus pool; such a claim is distinct and requires specific pleading. However, balancing the prejudice to both parties and the stage of proceedings, and as no final order had been made, the court exercised its discretion to permit the claimant to amend his claim to include a pool bonus claim.

Citation
[2014] EWHC 3140
Parties
Claimant: Duncan Macleod; Defendant: Mears Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2014
Procedural Posture
Civil / Post Liability Judgment; Consequential Matters and Amendment Application
Outcome
Permission to amend claim granted; costs reserved
Legal Topics
Bonus Agreements, Contractual Interpretation, Pleadings Amendment, Costs Orders
Contract Law Employment Law Civil Procedure Bonus Agreements Contractual Interpretation Pleadings Amendment Costs Orders

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Duncan Macleod

Claimant

Mears Ltd

Defendant

Procedural Posture

Civil / Post Liability Judgment; Consequential Matters and Amendment Application

Legal Issues

  1. 1 Whether the pleaded claim includes a claim for a share in a bonus pool
  2. 2 Whether permission should be granted to amend the claim to include a pool bonus claim
  3. 3 Appropriate directions for further proceedings

Ratio Decidendi

The claim as pleaded did not include a claim for a share in a bonus pool; such a claim is distinct and requires specific pleading. However, balancing the prejudice to both parties and the stage of proceedings, and as no final order had been made, the court exercised its discretion to permit the claimant to amend his claim to include a pool bonus claim.

Court Disposition

Permission to amend claim granted; costs reserved

Orders

  • Claimant granted permission to amend claim to plead a share in a bonus pool
  • Consequential directions to be agreed by parties