GAVIN LOUDON AGAINST STEWART MILNE GROUP LTD [2021] ScotCS CSOH_61 (11 June 2021)

GAVIN LOUDON AGAINST STEWART MILNE GROUP LTD [2021] ScotCS CSOH_61 (11 June 2021)

The entitlement to bonus under clause 6 requires either identification and introduction of the site by the pursuer or inclusion by agreement. The sites identified and introduced by the pursuer fall within the bonus scheme. Bonuses are payable pro rata for any part of 100 residential units. No evidence supported contractual variation or agreement for other disputed sites.

Citation
[2021] ScotCS CSOH_61
Parties
Pursuer: Gavin Loudon; Defenders: Stewart Milne Group Limited
Jurisdiction
Scotland
Judgment Date
11 June 2021
Procedural Posture
Commercial Action / Proof Before Answer
Outcome
Declarators granted in part; pursuer entitled to bonuses for sites identified and introduced by him; pro rata bonus confirmed; claims for other sites refused.
Legal Topics
Bonus Entitlement, Contractual Interpretation, Employment Termination, Restrictive Covenant
Employment Law Contract Law Bonus Entitlement Contractual Interpretation Employment Termination Restrictive Covenant

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Parties

Gavin Loudon

Pursuer

Stewart Milne Group Limited

Defenders

Procedural Posture

Commercial Action / Proof Before Answer

Legal Issues

  1. 1 Whether the pursuer is entitled to bonuses under clause 6 of his employment contract for specific sites
  2. 2 Interpretation of 'identified and introduced' and 'included by agreement' in bonus clause
  3. 3 Whether bonuses are payable pro rata for less than 100 residential units

Ratio Decidendi

The entitlement to bonus under clause 6 requires either identification and introduction of the site by the pursuer or inclusion by agreement. The sites identified and introduced by the pursuer fall within the bonus scheme. Bonuses are payable pro rata for any part of 100 residential units. No evidence supported contractual variation or agreement for other disputed sites.

Court Disposition

Declarators granted in part; pursuer entitled to bonuses for sites identified and introduced by him; pro rata bonus confirmed; claims for other sites refused.

Orders

  • Declarator that pursuer is entitled to bonus for sites identified and introduced by him under clause 6(i) and 6(ii)
  • Declarator that bonus is payable pro rata for any part of 100 residential units