The Court of Appeal has granted the Claimant permission to appeal in the case of Kulkarni v Gwent Holdings [2024] EWHC 1357.
Kulkarni was a multi-million pound shareholders dispute which was the subject of a 10-day High Court trial in April 2024. Andrew Butler KC and Hugh Rowan acted for the Claimant.
The trial judge himself (Richard Farnhill) gave permission to appeal on one of seven grounds advanced by Mr Kulkarni – that being the question of whether a repudiatory breach of contract could, as a matter of law, be “capable of remedy” for the purposes of a share buy-back provision.
The Court of Appeal has now granted permission on five of the remaining six grounds, Newey LJ holding that there was “sufficient substance” in a construction argument advanced by the Claimant, and “sufficient scope for argument” on four remaining grounds, all of which are directed towards the central question of whether Gwent’s admitted breaches of contract were capable of remedy.
A copy of the order giving permission can be viewed here.
Marc Glover has been instructed as Prince Hussam's lead counsel in the dispute since 2023, having taken over from John Wardell KC (Wilberforce). Peter Arden KC (Erskine Chambers) and Geraint Jones KC (3 Paper Buildings), were engaged with Marc in the Petition hearing, along with Tanfield’s Hugh Rowan. Marc and Hugh were assisted Sami Allan, Pupil Barrister at Tanfield Chambers. Stephen Moverly-Smith KC (XXIV) and Adam Baradon KC (Blackstone) acted on behalf of MTC.
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