Clark v Nomura International Plc
| Jurisdiction | England & Wales |
| Date | 2000 |
| Year | 2000 |
| Court | Queen's Bench Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 7-day Trial
117 cases
-
Odey Asset Management LLP and Others
...such a discretion as follows: It must be exercised in good faith and rationally and not perversely: see Clark v Nomura International plc [2000] IRLR 766 (“Nomura”) as approved in Horkaluk v Cantor Fitzgerald International . In Nomura, Burton J rejected the tests of capriciousness on the one......
-
Hans Henning Reinhard v Ondra LLP and Others
...exercise of such a discretion are now well settled. It must be exercised in good faith and rationally and not perversely: see Clark v Nomura International plc [2000] IRLR 766 (" Nomura") as approved in Horkaluk v Cantor Fitzgerald International [2005] ICR 402. In Nomura, Burton J rejected t......
-
John Eric Daniels v Lloyds Bank Plc
...the discretion is exercised in a manner which is arbitrary, capricious or otherwise irrational. So in Clark v Nomura International plc [2000] IRLR 766 at paragraphs 40–41 a proprietary trader was awarded a nil bonus even though he had generated substantial profits for the bank and the Court......
-
Dr Philip Comberg v VivoPower International Services Ltd
...has been established and the sole issue is the amount of damages. In that context the emphasis is slightly different. As Burton J said [2000] IRLR 766, 775 … the court's task then is: “to … assess, without unrealistic assumptions, what position the employee would have been in had the employ......
Get Started for Free
1 firm's commentaries
-
Employment Matters - Easter 2012
...was fair and reasonable to replace its deferred stock scheme with a deferred cash scheme. The Court adopted the test in Clark v Nomura [2000] IRLR 766 (CA), the plaintiff must prove that "no reasonable employer" would have exercised its discretion in that Disciplinary Proceedings and Public......
6 books & journal articles
-
Employers' Liability at Common Law: Two Competing Paradigms
...IRLR 299 (sexual harassment). the exercise of discretions in relation to employee remuneration,1212Clark v Nomura International plc [2000] IRLR 766; Horkulak v Cantor Fitzgerald International [2004] IRLR 942; Taylor v Motability Finance Ltd [2004] All ER (D) 341 (payment of bonuses); Clark ......
-
Where the Action Is: Macro and Micro Justice in Contract Law
...applied in Edwards vChesterfield Royal Hospital NHS Foundation Trust[2011] UKSC 58, [2012] 2 AC 22.207 Clark vNomura International plc [2000] IRLR 766; Mallone vBPB Industries plc [2002] EWCACiv 126, [2002] IRLR 452 (Mallone); Horkulak vCantor Fitzgerald International [2004] EWCACiv 1287, [2......
-
DEALING WITH EMPLOYEE CRIMES
...Law in Singapore (LexisNexis, 2nd Ed) at p 201. 66 As to what amounts to bad faith, see, for instance, Clark v Nomura International plc[2000] IRLR 766 and Commerzbank AG v Keen[2007] IRLR 132. 67 See Employment Law in Singapore (LexisNexis, 2nd Ed) at p 233. 68 Act 32/2008. 69 See, for inst......
-
BONUSES (AND OTHER PAYMENTS) IN EMPLOYMENT
...Chemical Corp Pte Ltd [2011] SGHC 166 at [22]. 5 Chew Nam Fong Ronny v Continental Chemical Corp Pte Ltd [2011] SGHC 166 at [35]. 6[2000] IRLR 766. 7Kharti v Cooperative Centrale Raiffeisen-Boerenleenbank BA[2010] IRLR 715 at [25]. 8 See, for instance, Lim Suat Hua v Singapore Health Partne......
Get Started for Free