Shafi v Rutherford
The expert committed a material error by considering himself bound to follow the erroneous treatment of the Braemar leases in the 2008 accounts rather than applying the correct accounting policy as required by the agreement. This error justified the court's intervention and rendered the expert determination invalid and unenforceable.
- Parties
- Appellant/claimant: Ms Sofia Shafi; Respondent/defendant: Dr Alexandra Rutherford
- Jurisdiction
- England and Wales
- Judgment Date
- 19 June 2014
- Procedural Posture
- Civil Appeal / Appeal From Preliminary Issue Determination
- Outcome
- Appeal dismissed
- Legal Topics
- Expert Determination, Contract Interpretation, Share Sale Agreements, Accounting Policies in Contracts
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ms Sofia Shafi
Appellant/claimant
Dr Alexandra Rutherford
Respondent/defendant
Procedural Posture
Civil Appeal / Appeal From Preliminary Issue Determination
Legal Issues
- 1 Whether the expert determination regarding the treatment of Braemar leases in completion accounts was valid and enforceable
- 2 Proper construction of accounting policy clauses in the share sale agreement
Ratio Decidendi
The expert committed a material error by considering himself bound to follow the erroneous treatment of the Braemar leases in the 2008 accounts rather than applying the correct accounting policy as required by the agreement. This error justified the court's intervention and rendered the expert determination invalid and unenforceable.
Court Disposition
Appeal dismissed
Orders
- Declaration that the expert determination is not valid and enforceable
- Order for a fresh expert determination on the correct principles
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment