||All England Reporter
|| All ER (D) 511 (May)
|| EWCA Civ 779
||Court of Appeal, Civil Division
Simon Brown, Mummery and Hart LJJ
||Simon Russen (instructed by Abrahams Dresden) for the company.
||Christopher Spratt (instructed by Bailey Gibson) for the defendant.
||31 May 2002
Company - Director - Debt due to company - Receipt by director - Sums paid to director - Director leaving company - Company seeking to recover sums as loans - Whether sums remuneration or loans.
A payment could not only properly be characterised as remuneration if there was a specific agreement fixing the level or rate of remuneration or defining a formula for ascertaining a definite amount to be paid. The essence of remuneration was that it was consideration for work done or to be done. Consideration might take different forms. It was not necessarily in the conventional form of a direct payment of a regular wage, salary, cheque or credit.
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