header-logo header-logo

11 January 2007 / Victoria Von Wachter
Issue: 7255 / Categories: Features , Employment
printer mail-detail

'Unfair' City bonuses

Victoria von Wachter explains how Keen restricts the scope of possible challenge to discretionary bonus decisions

 City traders and bankers are well known for having to carry their remuneration home in a wheelbarrow. In many cases a significant part of this remuneration takes the form of bonuses which depend on the ability of Gordon Gekko figures to deal with the hype, hunches and predictions of the
future. Huge amounts can be gained and lost on intuition, and rewards are commensurate with performance.

In Keen v Commerzbank AG [2006] EWCA Civ 1536, [2006] All ER (D) 239 (Nov) the Court of Appeal considered the contractual position with respect to the award of bonuses. The case concerned a city trader for the investment banking division of the defendant bank.

Background

James Keen earned a base salary plus the facility for megabucks from bonuses. The canny bank had framed the contract such that its award was discretionary:

“The decision as to whether or not to award a bonus, the amount of any award and the timing

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll