ALEX MURRAY v. COMPETENCE MATTERS LTD [2013] ScotSC 108 (14 November 2013)

ALEX MURRAY v. COMPETENCE MATTERS LTD [2013] ScotSC 108 (14 November 2013)

The pursuer was entitled to bonus payments under the contract, the pleadings and evidence did not establish an admission of variation, the sheriff properly exercised discretion in allowing amendment, and the pursuer proved quantum for 255 candidates. Interest at 8% per annum from citation was awarded.

Citation
[2013] ScotSC 108
Parties
Pursuer and Respondent: Alex Murray; Defenders and Appellants: Competence Matters Limited
Jurisdiction
Scotland
Judgment Date
14 November 2013
Procedural Posture
Civil Appeal / Appeal From Sheriff's Interlocutor
Outcome
Appeal refused, cross-appeal allowed
Legal Topics
Bonus Entitlement, Variation of Contract, Quantum of Damages, Interest on Judgment, Pleadings and Amendments
Employment Law Contract Law Bonus Entitlement Variation of Contract Quantum of Damages Interest on Judgment Pleadings and Amendments

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Parties

Alex Murray

Pursuer and Respondent

Competence Matters Limited

Defenders and Appellants

Procedural Posture

Civil Appeal / Appeal From Sheriff's Interlocutor

Legal Issues

  1. 1 Whether pursuer was entitled to contractual bonus payments
  2. 2 Whether contract was varied to remove bonus entitlement
  3. 3 Whether pursuer established quantum of completed candidates

Ratio Decidendi

The pursuer was entitled to bonus payments under the contract, the pleadings and evidence did not establish an admission of variation, the sheriff properly exercised discretion in allowing amendment, and the pursuer proved quantum for 255 candidates. Interest at 8% per annum from citation was awarded.

Court Disposition

Appeal refused, cross-appeal allowed

Orders

  • Sheriff's interlocutor of 27 June 2013 adhered to
  • Interlocutor amended to award interest at 8% per annum from date of citation until paid