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; an amendment is required to pursue such a claim. Permission to amend is granted, as the balance of prejudice favours the claimant, the amendment is now sufficiently particularised, and the case is distinguishable from Stewart v Engel as no final order has been made. Usual principles for late amendments apply, and the claimant is not invoking the Barrell jurisdiction.

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

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Parties

Duncan Macleod

Claimant

Mears Ltd

Defendant

Procedural Posture

Civil / Post Liability Judgment; Consequential Matters Hearing

Legal Issues

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

Ratio Decidendi

The claim as pleaded did not include a claim for a share in a bonus pool; an amendment is required to pursue such a claim. Permission to amend is granted, as the balance of prejudice favours the claimant, the amendment is now sufficiently particularised, and the case is distinguishable from Stewart v Engel as no final order has been made. Usual principles for late amendments apply, and the claimant is not invoking the Barrell jurisdiction.

Court Disposition

Permission to amend granted; costs reserved.

Orders

  • Claimant granted permission to amend the claim to include a claim for a share in a bonus pool.
  • Consequential directions to be agreed by the parties in light of the ruling.