Cases - Kranidiotes v Paschali
Record details
- Name
- Kranidiotes v Paschali
- Date
- [2001]
- Citation
- EWCA Civ 357
- Legislation
- Keywords
- Expert witness
- Summary
-
In a dispute over control of a company, the judge directed the appointment of a single joint expert (SJE) to report on the value of the company and shareholdings in it. The order set a maximum overall fee of £10,000 based on the sums in dispute. The Deloitte & Touche SJE realised that he could not deal with the matters within this limit and notified the court accordingly. The court terminated the SJE's appointment and the appellant appealed against this decision. The Court of Appeal dismissed the appeal:
'... it is quite clear that this court will not interfere with a case management decision, such as the one under consideration in this case, unless it considers that the judge has exceeded the generous ambit within which a reasonable disagreement is possible.
In the present case the judge had to and did have in mind the need for a proportionate approach. That is quite clear from the reasons that he gave. He limited the new expert to an initial budget of £10,000.
... the amount of money in issue did not warrant a payment of very substantial costs ... I believe it fell well within the ambit of his discretion to decide as he did'.