Kranidiotes v Paschali & Anor [2000] EWCA Civ 380 (2 November 2000)

Kranidiotes v Paschali & Anor [2000] EWCA Civ 380 (2 November 2000)

Permission to appeal granted as it is arguable the judge failed to consider whether the parties had a binding agreement, whether the expert's method complied with the agreement and court orders, and whether the court had power to replace the expert; these issues affect substantive rights and are not purely case management.

Citation
[2000] EWCA Civ 380
Parties
Petitioner/respondent: Doros Michael Kranidiotes; First Respondent/applicant: Paul Paschali; Second Respondent: Ecocolor Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2000
Procedural Posture
Application for Permission to Appeal / Court of Appeal (civil Division), Permission to Appeal From High Court Order
Outcome
Permission to appeal granted
Legal Topics
Unfair Prejudice, Share Valuation, Expert Evidence, Case Management, Costs
Company Law Insolvency Law Civil Procedure Unfair Prejudice Share Valuation Expert Evidence Case Management Costs

Case Brief

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Parties

Doros Michael Kranidiotes

Petitioner/respondent

Paul Paschali

First Respondent/applicant

Ecocolor Limited

Second Respondent

Procedural Posture

Application for Permission to Appeal / Court of Appeal (civil Division), Permission to Appeal From High Court Order

Legal Issues

  1. 1 Whether the judge erred in terminating the appointment of the jointly agreed expert valuer and appointing a substitute expert
  2. 2 Whether the expert's proposed method of valuation complied with the terms of the parties' agreement and court orders
  3. 3 Whether the court had power to replace the expert and remit the matter

Ratio Decidendi

Permission to appeal granted as it is arguable the judge failed to consider whether the parties had a binding agreement, whether the expert's method complied with the agreement and court orders, and whether the court had power to replace the expert; these issues affect substantive rights and are not purely case management.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Costs in the appeal