The claimant company appealed against an order declining to order repayment of sums they claimed to be due from the defendant, a former director of the company. They said the payments were repayable loans, and he said that they had been been remuneration and irrecoverable. The defendant appealed against the order that some sums were repayable loans.
Held: The findings by the judge were based upon evidence before him, and his assessment of the facts was not to be disturbed. Appeal and cross appeal dismissed.
Remuneration is essentially consideration for work done or to be done. Not dependent on fixing definite level or rate to be paid. Consideration may take different forms, not necessarily conventional direct payment of regular wage, salary cheque or credit
Judges:
Simon Brown, Mummery LJJ, Hart J
Citations:
[2002] EWCA Civ 779
Links:
Statutes:
Companies Act 1985 330(2)(a) 340 341 342
Jurisdiction:
England and Wales
Citing:
Appeal from – Currencies Direct Ltd v Ellis QBD 19-Oct-2001
The fact that a loan to a director was unlawful did not prevent a company seeking to recover or enforce the loan. A transaction made in contravention of section 330 was voidable at the instance of the company. The implication of section 341 was that . .
Cited – Regina v The Postmaster General 1876
Blackburn J said: ‘If a man gives his services, whatever consideration he gets for giving his services seems to me to be a remuneration for them. Consequently, I think if a person was in receipt of a payment or in the receipt of a percentage, or any . .
Cited by:
See Also – Ellis v Currencies Direct Ltd EAT 12-Nov-2002
EAT Unfair Dismissal – Jurisdiction. . .
Lists of cited by and citing cases may be incomplete.
Company
Updated: 06 June 2022; Ref: scu.172271