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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
Ground 5: equitable claims
Ground 5: equitable claims
Overview
Very little time was spent by Mr Oudkerk on Ground 5. Again, this may be because he recognised that his arguments did not lead to the conclusion that any of BISL’s claims for relief, which were pleaded as alternatives, could or should be disposed of summarily or were abusive.
- 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