Contract
Gill v Sweet Group Ltd and another company [2026] EWHC 2746 (BP)
The Business and Property Division dismissed the claimant’s claims for additional bonus payments and specific performance, and gave judgment for the defendants on their counterclaim. Mr Gill, a former employee of Sweett (UK) Ltd, claimed further sums under a contractual bonus scheme linked to the profits and arm’s-length disposal value of a sub-group of PPP/PFI investment companies he had managed. The court found that the group had breached several contractual ‘protections’, among other things by transferring assets within the group and failing to dispose of projects on arm’s-length terms, but held that the reason for breach was irrelevant to damages, citing Classic Maritime Inc v Limbungan Makmur Sdn Bhd. The ‘fair wind’ principle from Yam Seng Pte Limited v International Trade Corporation Ltd did not assist the claimant, as full disclosure had been offered and declined. The calculation claims failed for lack of evidence of unfairness or bad faith. The valuation claims failed because the claimant could
