Stuart Wells v Paul Hornshaw & Ors

Stuart Wells v Paul Hornshaw & Ors

The case was not a split-trial case within the meaning of CPR, rule 36.12, as all issues had been decided and no further trial was required. The ongoing valuation process was a matter of implementation, not adjudication. Therefore, the Part 36 Offer was no longer open for acceptance when the Petitioner sought to accept it after judgment.

Parties
Petitioner: Stuart Wells; Respondent: Paul Hornshaw; Respondent: Mark Hornshaw; Respondent: Transwaste Recycling and Aggregates Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2024
Procedural Posture
Unfair Prejudice Petition Under Companies Act 2006 / Ruling on Validity of Acceptance of Part 36 Offer After Judgment
Outcome
Petitioner's application dismissed
Legal Topics
Unfair Prejudice, Shareholder Disputes, Part 36 Offers, Split Trial Procedure, Valuation of Shares
Company Law Civil Procedure Unfair Prejudice Shareholder Disputes Part 36 Offers Split Trial Procedure Valuation of Shares

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 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stuart Wells

Petitioner

Paul Hornshaw

Respondent

Mark Hornshaw

Respondent

Transwaste Recycling and Aggregates Limited

Respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act 2006 / Ruling on Validity of Acceptance of Part 36 Offer After Judgment

Legal Issues

  1. 1 Whether the Respondents’ Part 36 Offer was still open for acceptance when the Petitioner sought to accept it after judgment
  2. 2 Whether the case was a split-trial case within the meaning of CPR, rule 36.12

Ratio Decidendi

The case was not a split-trial case within the meaning of CPR, rule 36.12, as all issues had been decided and no further trial was required. The ongoing valuation process was a matter of implementation, not adjudication. Therefore, the Part 36 Offer was no longer open for acceptance when the Petitioner sought to accept it after judgment.

Court Disposition

Petitioner's application dismissed