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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll