ON APPEAL FROM HHJ HAVELOCK-ALLEN Q.C.
SITTING AS A JUDGE OF THE HIGH COURT QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LEWISON
SIR MARK WALLER
| PETRODEL RESOURCES LIMITED
|- and -
|TIMOTHY SHOWDON LE BRETON
Rupert HIGGINS (instructed by Ronaldsons LLP) for the Respondent
Hearing dates: 8th December 2011
Crown Copyright ©
Sir Mark Waller:
The facts relevant to the salary claim
Delay in making any claim to the increase
"I tried reaching you unsuccessfully to ask for your comments on the following:
I understand that, in 2006, you received $150,000 from Petrodel Resources as a salary or salary equivalent. I understand further that this was increased to $250,000 per annum in 2007 and that this was the level of consideration that applied when you left in June 2008. It appears from our records that only $150,000 was paid in 2007 and a further $75,000 was paid in the first half of 2008.
I have not seen any formal agreement between you and any company within the Petrodel group, or any correspondence that might support the view that the salary was increased to $250,000 in 2007. I would be grateful if you could let me have copies of any such agreement that you consider relevant, as this will provide justification to our auditors.
Notwithstanding this, it appears that Petrodel Resources owes you the unpaid portion of the salary for that period (being $100,000 for 2007 and a further $50,000 for 2008). I propose that this should be accrued in our books and that you therefore are listed as a creditor to the company until the point at which it is able to fulfil its obligations.
Please confirm that you are in agreement with the above."
Negotiations relating to an increase
Submissions of Mr Dougherty
Second ground of appeal
Lord Justice Lewison: I agree
Lord Justice Mummery: I also agree