“…Lavarack is to be contrasted with the later decision of this court in Horkulak v Cantor Fitzgerald [2004] EWCA Civ 1287, [2005] ICR 402. In that case it was found as a fact by the trial judge (Newman J: [2004] ICR 697) that the Defendant had repudiated the Claimant’s contract of employment and …”
“…on given to them by the articles in a rational manner and in good faith: see, by analogy, e.g. Horkulak v Cantor Fitzgerald International [2004] EWCA Civ 1287, [2005] ICR 402. Once remuneration has been declared under that article, it is a debt for which a director can sue: see e.g. Orton v Cleveland Fire Brick and Pottery Co Ltd (1…”
“…National Tanker Co v Product Star Shipping Ltd (The “Product Star”) [1993] 1 Lloyd’s Rep. 397, Horkulak v Cantor Fitzgerald International [2004] EWCA Civ 1287, [2005] ICR 402 and JML Direct Ltd v Freestat UK Ltd [2010] EWCA Civ 34) in which there were held to be implied terms, Jackson LJ said this:…”