Contractual discretion: The age of reason?

Burges Salmon LLP | The Commercial Litigation Journal | January/February 2020 #89
David Hall, Tom Whittaker and Harry Jewson condense the lessons to be learned five years post-Braganza ‘In those cases where a Braganza term has been implied, there is a clear justification that the term is necessary in order to prevent, or protect against, an abuse of power by the decision-maker.’ In Braganza v BP Shipping …

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Commission Payments: Making sure everyone gets their fair share

White & Case LLP | Employment Law Journal | May 2016 #170
A Court of Appeal ruling highlights the difficulties employers face in asserting absolute discretion over commission or bonus awards. Stephen Ravenscroft and Jo Bennett report ‘Mr Hills argued that Niksun had not discharged the burden of proof as it had not offered any evidence from the main decision maker to establish that it had acted …

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