Bonus Advance Repayable


In JLT Specialty Ltd v Craven [2018] EWCA Civ 2487 Daniel Stilitz QC acted for the employer in obtaining summary judgment on appeal for a bonus advance which became repayable on the employee resigning before a specified date.  The fact that the employer had mistakenly referred to a later date in correspondence was not capable of varying the termination date in circumstances where there was no basis for inferring an intention to vary the contract.  Nor was there any reason for departing from the clear wording of the contract on the basis that something must have gone wrong in the drafting.  In the circumstances, it was unnecessary for the court to go on to decide whether an employee “resigns” on the date of giving notice of termination or on the date when that notice expired.

Daniel Stilitz QC was instructed by Paul Fontes of Eversheds Sutherlands (International) LLP on behalf of JLT Specialty Ltd