Witnesses (Defendant)

Swarandeep Birdi – What was the case about?

After a fully contested hearing in the Companies Court, over 19 days from 23 October 2014 to 19 November 2014 before Mr Justice Nugee, Judgment was handed down on 13 October 2015. The litigation concerned the Specsavers store in Dartford, Kent which was agreed to be operated as a joint venture through a store company, Dartford Specsavers Ltd. The store company was owned jointly by the Petitioner, Ms Swarandeep Birdi, one Mr Nimesh Patel (whose shares were later acquired by Mr Kam Singh) and Specsavers Optical Group Ltd, a company resident in Guernsey under the terms of a shareholders agreement dated 17 July 2000.

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What will the Court of Appeal be looking at?

On 30th October 2015,Mr Justice Nugee granted Ms Birdi leave to appeal his judgment to the Court of Appeal on the following six grounds:

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Mrs Swarandeep Birdi v Specsavers Optical Group and others

Today in the High Court, Chancery Division, Mr Justice Nugee gave the Petitioner, Ms Swarandeep Birdi permission to appeal to the Court of Appeal on six matters of substantial legal and public interest arising from the judgment which he gave on 13 October 2015, in her Petition for relief against Specsavers.
Mr Dele Ogun, the partner in charge of the case for Ms Birdi, 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”.

30 October 2015
AKIN PALMER LLP

Mrs Swarandeep Birdi v Specsavers Optical Group and others

Today Mr Justice Nugee, after a year of deliberation, handed down his judgment in this epic legal battle in the High Court of Justice. Mr Dele Ogun the partner in charge of the litigation for Ms Birdi said: “While we are satisfied with the findings which the Judge made that Mrs Birdi had indeed been subjected to conduct which was unfairly prejudicial to her position as a minority shareholder in Dartford Specsavers Limited, we consider that the amount awarded to her is not a fair reflection of the financial loss which she had suffered. An appeal is under consideration”..

The Judgement

Specsavers Cases – Judgment Update

We are delighted to confirm that the proceedings brought by Dr Helle Poulsen and Mr Barry Weller (formerly of Bognor Regis Specsavers) and by Mrs Shakila Parham and John Parham (formerly of Uckfield Specsavers) against Specsavers Optical Group Ltd have been settled on mutually satisfactory terms prior to judgment being handed down. The terms of that settlement are strictly confidential and we will make no further comment on the matter.

The update with respect to the case of Mrs Swarandeep Birdi (formerly of Dartford Specsavers) against Specsavers optical Group Ltd is that we are awaiting Judgment.

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Ms Swarandeep Birdi v (1) Specsavers Optical Group Limited (2) Mr Kamaljit Singh (3) Dartford Visionplus Limited (4) Dartford Specsavers Limited

Day 19 - 19/Nov/ 2014 Closing arguments for specsavers and end of trial

Day 18 - 18/Nov/ 2014 Closing Arguments for Swarandeep Birdi

Day 17 - 14/Nov/ 2014 Conclusion of cross-examination of Dawn McIntyre, Director of Resourcing, Talent and Engagement at Specsavers Optical Superstores Ltd;
Cross-Examination of Chris Howarth, Director of Professional Recruitment for Europe at Specsavers Optical Superstores Ltd;

This was the end of the evidence for the trial. Closing arguments are to be delivered on Tuesday and Wednesday (18/19th November) next week.

Day 16 - 13/Nov/ 2014 Cross-examination of David Clark, Specsavers Optical Superstores Ltd
Cross examination of Dawn Mcintyre, Specsavers Optical Superstores Ltd

Day 15 - 12/Nov/ 2014 Conclusion of cross-examination of Michael Rowe, Retail Development Consultant at Specsavers Optical Superstores Ltd

Day 14 - 11/Nov/ 2014 Conclusion of cross-examination of Mark Raines, Director of Retail Operations at Specsavers Optical Superstores Ltd
Commencement of cross-examination of Michael Rowe, Retail Development Consultant at Specsavers Optical Superstores Ltd

Day 13 - 10/Nov/ 2014 Conclusion of cross-examination of Kamaljit Singh, Director of Dartford Specsavers Ltd
Commencement of cross-examination of Mark Raines, Director of Retail Operations at Specsavers

Day 12 - 7/Nov/ 2014 Continuation of cross-examination of Kamaljit Singh, Director of Dartford Specsavers Ltd

Day 11 - 6/Nov/ 2014
Conclusion of cross-examination of Mel McAlindon, Specsavers Director of Loss Prevention
Commencement of cross-examination of Kamaljit Singh, Director of Dartford Specsavers Ltd

Day 10 - 5/Nov/ 2014
Continuation of cross-examination of Mel McAlindon, Specsavers Director of Loss Prevention

Day 9 - 4/Nov/ 2014
Cross-examination of Mel McAlindon, Specsavers Director of Loss Prevention

Day 8 - 3/Nov/ 2014
Conclusion of cross-examination of Derek Dyson, Global Retail Director of Specsavers

Day 7 - 31/Oct/ 2014
Continuation of cross-examination of Derek Dyson, Global Retail Director of Specsavers

Day 6- 30/Oct/ 2014
Cross- Examination of Helen Tidmas, Dartford Specsavers employee
Cross-Examination of Lucy Hornby, Dartford Specsavers employee
Cross-Examination of Stephen Hummell, Dartford Specsavers employee
Commencement of cross-examination of Derek Dyson, Global Retail Director of Specsavers

Day 5- 29/Oct/ 2014
Completion of cross-examination of Swarandeep Birdi on alleged conspiracy by Specsavers against her
Cross-Examination of Lorraine Frondigoun, former Dartford Specsavers employee
Cross-Examination of Patrice O’Brien, former Dartford Specsavers employee

Day 4- 28/Oct/ 2014
Continuation of cross-examination of Swarandeep Birdi on alleged conspiracy by Specsavers against her

Day 3 - 27/Oct/ 2014
Continuation of cross-examination of Swarandeep Birdi on alleged conspiracy by Specsavers against her

Day2 - 24/Oct/ 2014
Ms Birdi cross examination

Day 1 - 23/Oct/ 2014
Opening legal arguments
Ms Birdi takes the witness stand

Related News

The High Court Hearing in the case of Swarandeep Birdi v Specsavers Optical Group and others which was due to start on 28th April 2014 has now been put back to commence in the week beginning Monday 13 October 2014 and is listed to run for between 11 to 15 days.

Swarandeep Birdi wins Appeal against Dartford Vision Plus Ltd and Specsavers Optical Group Ltd