CoA throws out Linklaters client Commerzbank's bonus appeal

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  • Based on the above, does this not amply illustrate that the banks have still not worked out what constitutes proper behaviour and what does not? A promise, an inducement if you like, should be fulfilled whether legally binding or not. It saddens me that one of our most respected law firms and senior counsel appear to have had no qualms in prosecuting an appeal in which three appeal court judges seem to have found very little merit. This reflects as badly on the senior end of our profession as it does on the relevant banks.

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  • No it doesn't (on either count). The rule of law permits parties to instruct their lawyers to seek to appeal a judgment if they so wish. If you want to have a pop at anybody, perhaps the judge who gave permission to appeal might be a more appropriate target?

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