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King's / Queen's Bench Division of the High Court
KB-2025-001160 - [2025] EWHC 2369 (KB)
Fecha: 22-Sep-2025
Equitable compensation relief
Equitable compensation relief
Mr Oudkerk argued that it was abusive to bring a claim for equitable compensation in circumstances where the common law claim for the same sum is abusive. As I have found that the common law claim is not abusive, this argument fails.
- Heading
- Introduction
- The pleaded claim
- BISL’s reaction to the resignations of Mr Wheeler and the EMEA GPF employees
- The US proceedings
- The legal framework
- The “no reasonable grounds” basis for striking out
- The need for a proportionate approach
- The abuse of process ground for striking out
- Waiver by election
- Part 24
- The grounds on which Mr Wheeler seeks summary disposal
- Ground 1: internal inconsistency in the context of the BISL claim
- Discussion
- Ground 2: inconsistency between the US Proceedings and the Claim
- Discussion
- Ground 3: BISL did not incur the loss in any event
- Discussion
- Ground 4 – quantum claim misconceived?
- Discussion
- Ground 5: equitable claims
- Equitable compensation relief
- The claim for an account of profits
- No constructive trust
- No forfeiture of bonuses
- Ground 6: “inchoate ‘claw back’ claim”
- In any event…
- Conclusions