Case details

Byron (Respondent) v Eastern Caribbean Amalgamated Bank (Appellant) (Antigua & Barbuda)

Case ID: JCPC 2017/0089

Jurisdiction: The Court of Appeal of the Eastern Caribbean Supreme Court (Antigua and Barbuda)

Case summary

Issue(s)

Whether the Court of Appeal was correct to imply a term into a Purchase and Assumption Agreement between the Appellant and the Respondent’s former employer so that the Appellant was jointly and severally liable for the Appellant’s redundancy severance pay.

Facts

The Respondent was a banker. He commenced employment with the Bank of Antigua (‘BoA’) on 1 October 1992 as its Branch Manager. He ultimately rose to the position of Deputy Chairman of BoA. Following a run on the BoA the Eastern Caribbean Central bank intervened via a new entity named Eastern Caribbean Financial Company Limited and replaced BoA’s old management with new management on 20 February 2009. On the same day, BoA’s new General Manager told the Respondent that he was being made redundant. On 16 July 2010 the Respondent was incorporated. On 12 October 2010 the Appellant took over the banking business previously operated by BoA. This was done by means of a Purchase and Assumption Agreement. The Appellant bought certain assets and assumed the liabilities of BoA save those expressly excluded in the P&A Agreement. The Respondent contended that pursuant to the P&A Agreement the Appellant was liable to pay his severance redundancy pay.

Parties

Appellant(s)

Eastern Caribbean Amalgamated Bank

Respondent(s)

Kennard Byron

Appeal

Justices

Lady Hale, Lord Wilson, Lady Arden, Lord Kitchin, Lord Sales

Hearing start date

12 Feb 2019

Hearing finish date

12 Feb 2019