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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll