Fitton & Co Ltd v Dushyant Kohli

Fitton & Co Ltd v Dushyant Kohli

Expert evidence is required to determine the precise extent of VAT under-recording and quantum of liability; the court cannot assess these matters without specialist input. The order for jointly instructed expert evidence is revoked, and each party may instruct their own expert.

Parties
Claimant: Fitton & Co Ltd; Defendant: Dushyant Kohli
Jurisdiction
England and Wales
Judgment Date
09 September 2024
Procedural Posture
Civil / Interlocutory Application
Outcome
Claimant's application for expert evidence upheld with modification; defendant's application to set aside expert evidence refused.
Legal Topics
Expert Evidence, Share Purchase Agreement, VAT Liability, Indemnity
Commercial Law Contract Law Expert Evidence Share Purchase Agreement VAT Liability Indemnity

Case Brief

Summary, issues, holding and outcome

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Parties

Fitton & Co Ltd

Claimant

Dushyant Kohli

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether expert evidence should be permitted regarding VAT shortfall and quantum of liability
  2. 2 Whether the order for expert evidence should be set aside

Ratio Decidendi

Expert evidence is required to determine the precise extent of VAT under-recording and quantum of liability; the court cannot assess these matters without specialist input. The order for jointly instructed expert evidence is revoked, and each party may instruct their own expert.

Court Disposition

Claimant's application for expert evidence upheld with modification; defendant's application to set aside expert evidence refused.

Orders

  • Order for jointly instructed expert revoked.
  • Each party permitted to instruct their own expert.