Specsavers’ win in United Kingdom High Court to be appealed

In October, Specsavers was cleared of charges of conspiracy in a long-running court case involving former shared venture partner, Swarandeep Birdi.
However, according to law firm Akin Palmer LLP, which represents Ms Birdi, a number of issues were unresolved, including the judge’s finding that Ms Birdi, the former director of the Dartford branch of Specsavers, was “subjected to conduct which was unfairly prejudicial to her position as a minority shareholder”.
On 30 October, the judge presiding over the case, Mr Justice Nugee, gave permission for Ms Birdi to challenge the decision, where six points of ‘substantial legal and public interest’ will be challenged in the Court of Appeal.
Akin Palmer’s partner in charge of the case, Dele Ogun, said: “We are delighted that the Judge has recognised that some aspects of his original judgment raise serious issues worthy of reconsideration by the Court of Appeal.”
Commenting on the judge’s decision, a spokesperson for Specsavers said: “[Ms Birdi] failed in the High Court to have leave to appeal granted in her primary case of malicious conspiracy, which she brought against Specsavers Optical Group and her former joint venture partner, Kam Singh, last year.
“Mr Justice Nugee rejected this on the basis that she had no real prospect of success. The court did, however, grant her limited leave to appeal on some matters that she had lost.”
On 13 October, Mr Justice Nugee brought to an end a lengthy legal battle in the High Court between Specsavers and Ms Birdi, which centred on allegations of conspiracy.
Ms Birdi, who was a joint venture partner and director of Specsavers in Dartford in 2010, claimed that her former joint venture partner, Kam Singh, had conspired with Specsavers to force her out of the business.Mr Justice Nugee ruled in favour of Specsavers Optical Group and Mr Singh, who rains as joint venture partner of the Dartford practice.
Joint managing director of Specsavers in the United Kingdom, Mr Richard Holmes, said at the time: “I am very pleased with the outcome, but it saddens me that we ended up in court at all, as I know that we did everything we could sensibly do to resolve the situation amicably with Ms Birdi.”
The High Court case was the third in a series of court battles fought by Specsavers against former joint-venture partners, two of which were settled out of court earlier this year.
No decision has yet been made regarding legal costs.
In March this year, Specsavers agreed to settle two High Court cases out of court “on mutually-satisfactory terms”.
The settlent brought to an end a lengthy legal battle which saw Specsavers taken to the High Court in 2013 by a number of joint-venture partners, over alleged breaches of shareholders’ agreents.
The agreent involved claimants from two cases: Dr Helle Poulsen of West Sussex, who owned and operated a Specsavers store in Bognor Regis, and former business partner Barry Weller; and in the second case, Shakila Parham and John Parham, of East Sussex, who owned and operated a Specsavers store in Uckfield. Full details of the settlent have not been released.
Commenting on the settlent, a spokesperson for Specsavers said at the time: “We are delighted to confirm that the proceedings brought by former partners in Bognor Regis and Uckfield against Specsavers have been settled on mutually-satisfactory terms prior to a judgment being handed down. The terms of that settlent are strictly confidential and we will make no further comment on the matter.”