Ackerman v Ackerman & Ors [2012] EWCA Civ 768 (13 June 2012)

Ackerman v Ackerman & Ors [2012] EWCA Civ 768 (13 June 2012)

Permission to appeal granted on the limited ground of whether the expert's report is binding, as there is an arguable case that failure to follow agreed procedure may invalidate the report; no real prospect of success on grounds of repudiation or construction; stay of execution on interim payments continued due to lack of evidence of means; application for security for costs adjourned.

Citation
[2012] EWCA Civ 768
Parties
Claimant/appellant: Joseph Ackerman; Defendant/respondent: Naomi Ackerman; Defendant/respondent: Barry Ackerman; Defendant/respondent: Andrew Thornhill; Defendant/respondent: Bana One Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Civil Appeal / Permission to Appeal From High Court Judgment
Outcome
Permission to appeal granted on limited ground; stay of execution continued; application for security for costs adjourned; other grounds refused.
Legal Topics
Expert Determination, Family Business Disputes, Procedural Fairness, Security for Costs, Stay of Execution
Contract Law Civil Procedure Expert Determination Family Business Disputes Procedural Fairness Security for Costs Stay of Execution

Case Brief

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Parties

Joseph Ackerman

Claimant/appellant

Naomi Ackerman

Defendant/respondent

Barry Ackerman

Defendant/respondent

Andrew Thornhill

Defendant/respondent

Bana One Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether failure by expert to follow agreed procedure invalidates report
  2. 2 Whether expert's conduct amounted to repudiation of agreement
  3. 3 Proper construction of expert's powers under agreement

Ratio Decidendi

Permission to appeal granted on the limited ground of whether the expert's report is binding, as there is an arguable case that failure to follow agreed procedure may invalidate the report; no real prospect of success on grounds of repudiation or construction; stay of execution on interim payments continued due to lack of evidence of means; application for security for costs adjourned.

Court Disposition

Permission to appeal granted on limited ground; stay of execution continued; application for security for costs adjourned; other grounds refused.

Orders

  • Permission to appeal limited to issue of whether the report is binding on Joseph Ackerman.
  • Stay of execution on interim payments continued until determination of appeal or further order.