MacLeod v Mears Ltd

MacLeod v Mears Ltd

The claim as pleaded did not include a claim for a share in a bonus pool; such a claim is materially different and must be specifically pleaded. However, the court, exercising its discretion and balancing the prejudice to both parties, grants permission for the claimant to amend his claim to include a claim for a share in a bonus pool, as the case has not been finally disposed of and no order of dismissal has been made.

Parties
Claimant: Duncan Macleod; Defendant: Mears Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2014
Procedural Posture
Civil / Consequential Ruling After Liability Judgment, Pre Quantum Determination
Outcome
Permission to amend granted; costs reserved
Legal Topics
Bonus Agreements, Contractual Interpretation, Amendment of Pleadings, Costs
Employment Law Contract Law Bonus Agreements Contractual Interpretation Amendment of Pleadings Costs

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Parties

Duncan Macleod

Claimant

Mears Ltd

Defendant

Procedural Posture

Civil / Consequential Ruling After Liability Judgment, Pre Quantum Determination

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 share in a bonus pool
  3. 3 Appropriate directions if amendment allowed

Ratio Decidendi

The claim as pleaded did not include a claim for a share in a bonus pool; such a claim is materially different and must be specifically pleaded. However, the court, exercising its discretion and balancing the prejudice to both parties, grants permission for the claimant to amend his claim to include a claim for a share in a bonus pool, as the case has not been finally disposed of and no order of dismissal has been made.

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 parties