Begum v Hossain & Anor

Begum v Hossain & Anor

The valuer failed to consider the content of the handwritten takings, which were expressly part of the company's books and records per the settlement agreement. This was a material departure from his mandate, and the valuation must be set aside.

Parties
Appellant: Rebeka Begum; First Respondent: Subrina Hossain; Second Respondent: Sunam Tandoori Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Expert Determination, Share Valuation, Unfair Prejudice, Settlement Agreements
Company Law Contract Law Expert Determination Share Valuation Unfair Prejudice Settlement Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

Rebeka Begum

Appellant

Subrina Hossain

First Respondent

Sunam Tandoori Limited

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the expert valuer materially departed from his instructions under the settlement agreement by failing to consider handwritten takings in the company's books and records
  2. 2 Whether the valuation should be set aside for failure to follow the contractual mandate

Ratio Decidendi

The valuer failed to consider the content of the handwritten takings, which were expressly part of the company's books and records per the settlement agreement. This was a material departure from his mandate, and the valuation must be set aside.

Court Disposition

appeal allowed

Orders

  • The valuation is set aside.