Wright v Michael Wright Supplies Ltd & Anor [2013] EWCA Civ 234 (27 March 2013)

Wright v Michael Wright Supplies Ltd & Anor [2013] EWCA Civ 234 (27 March 2013)

The judge erred by not allowing the defendants to call oral evidence, particularly from a key witness, and made findings contrary to evidence he had not heard; this procedural irregularity necessitates a retrial.

Citation
[2013] EWCA Civ 234
Parties
Respondent: Colin Wright; Appellant: Michael Wright Supplies Ltd; Appellant: Turner Wright Investments Ltd
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; judgment set aside; case remitted for re-hearing before a different judge.
Legal Topics
Procedural Fairness, Share Sale Agreements, Consultancy Fees, Litigants in Person, Mediation and ADR
Civil Procedure Company Law Procedural Fairness Share Sale Agreements Consultancy Fees Litigants in Person Mediation and ADR

Case Brief

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Parties

Colin Wright

Respondent

Michael Wright Supplies Ltd

Appellant

Turner Wright Investments Ltd

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred by deciding the case on written evidence without allowing oral evidence
  2. 2 Whether the respondent was entitled to unpaid share sale consideration and consultancy fees
  3. 3 Whether the defendants' counterclaims should be dismissed

Ratio Decidendi

The judge erred by not allowing the defendants to call oral evidence, particularly from a key witness, and made findings contrary to evidence he had not heard; this procedural irregularity necessitates a retrial.

Court Disposition

Appeal allowed; judgment set aside; case remitted for re-hearing before a different judge.

Orders

  • Matter remitted for re-hearing before a different judge.
  • Encouragement for parties to seek mediation.