Griffin v Wainwright & Anor

Griffin v Wainwright & Anor

The expert's determination was invalid because she materially departed from her instructions by adjusting the property valuation based on the Foxtons marketing price rather than relying solely on the independent valuer's report as required, and because she breached procedural fairness by accepting further submissions from Mr Griffin without giving Mr Wainwright an opportunity to respond.

Parties
Petitioner: Robert Griffin; Respondent: David George Wainwright; Respondent: Hi2 Limited
Jurisdiction
England and Wales
Judgment Date
18 August 2017
Procedural Posture
Company Law Petition (shareholder Dispute) / Judgment on Validity of Expert Determination
Outcome
Expert determination declared invalid
Legal Topics
Expert Determination, Share Valuation, Minority Shareholder Rights, Procedural Fairness, Settlement Agreements
Company Law Contract Law Civil Procedure Expert Determination Share Valuation Minority Shareholder Rights Procedural Fairness Settlement Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Robert Griffin

Petitioner

David George Wainwright

Respondent

Hi2 Limited

Respondent

Procedural Posture

Company Law Petition (shareholder Dispute) / Judgment on Validity of Expert Determination

Legal Issues

  1. 1 Whether the expert's determination of share value was valid under the settlement agreement and instructions
  2. 2 Whether the expert was functus officio after signing the initial determination
  3. 3 Whether the expert materially departed from her instructions regarding property valuation

Ratio Decidendi

The expert's determination was invalid because she materially departed from her instructions by adjusting the property valuation based on the Foxtons marketing price rather than relying solely on the independent valuer's report as required, and because she breached procedural fairness by accepting further submissions from Mr Griffin without giving Mr Wainwright an opportunity to respond.

Court Disposition

Expert determination declared invalid

Orders

  • The expert's determination of 17 May 2016 is invalid. Further submissions on the injunction application to be heard.