Big Motoring World founder Peter Waddell will have to wait until the new year to find out if he will receive compensation over his ousting from the used car supermarket group.
Car Dealer had a reporter at the High Court yesterday (Nov 3) as the latest stage in the long-running legal saga got underway.
Sources close to Waddell had told us to expect ‘explosive revelations’ as talks over costs got underway but Mr Justice Marcus Smith ultimately decided that no decision could be made at this time.
The court heard that a key sticking point remains around the value of Waddell’s remaining shareholding in Big Motoring World, with private equity investor Freshstream arguing that a full valuation will be needed before any potential compensation can be awarded.
Representing Freshstream, KC George Spalton said there was currently no evidence to support Waddell’s claim of a £72m package.
He told the court: ‘You can’t make an order of £72m…if there is no evidence.’
Spalton argued that the value of Waddell’s shares needed to be established before the judge could decide on an appropriate financial remedy.
He suggested a further hearing should take place in June, but insisted that Freshstream was trying to delay proceedings.
However, Waddell’s barrister, KC Alan Gourgey, warned that a full valuation would be expensive and could prove pointless.
He offered to help the court establish whether such a lengthy process was actually necessary.
The judge said the present value of Big Motoring World was something he needed to take into account when deciding on the appropriate remedy.
He added that he did not want to prevent either side from challenging the other’s arguments over the value of the shares.
A further hearing has now been scheduled for January 12 and 13 to determine whether a full valuation is required.
The court also heard that Waddell has refused to return documents belonging to Big Motoring World, despite an earlier ruling that they should be handed back.
Waddell, 59, had argued that he should not have to return them because he believes his employment was unlawfully terminated.
However, Mr Justice Smith said there was no dispute that the documents belonged to the business.
He ordered Waddell to update the company by December 14 on how he intends to return them.
‘They are not his documents. They are Big’s documents. They are Big’s property which he is obliged to give up,’ the judge said.
Waddell, 59, was dismissed as CEO after making a series of racist and sexist remarks, but challenged his removal as unfair.
Mr Justice Smith previously ruled that Big Motoring World was right to sack him, but found that Freshstream had acted improperly in its handling of the situation.
The judge rejected claims that Freshstream had deliberately failed to address Waddell’s behaviour as part of a plan to remove him and take full control of the business without paying for his shares under a pre-agreed call option.
Waddell founded Big Motoring World after growing up in care in Glasgow and experiencing homelessness as a teenager.
During the original proceedings, the court heard details of his behaviour towards staff, including a remark about liking women ‘on their hands and knees’ and forcing an employee to bring him a lemon meringue pie following a disagreement.
Waddell claimed he could appear to shout at employees because he was deaf and said he used nicknames to help remember colleagues because of his dyslexia.
Following his departure from Big Motoring World, Waddell invested in Big Transport Limited but later resigned, admitting he had lost £5m.
The case will return to the High Court on January 12.

