Shabbir Gheewalla v Saffana Rasul & Ors

Shabbir Gheewalla v Saffana Rasul & Ors

Mr Bruce Maunder Taylor is the most suitably qualified expert due to his extensive experience in residential block management and property management, and is therefore appointed as the independent expert. The Claimant's procedural failures and delays justify awarding the First Defendant her costs incurred after 9 June 2023 relating to the appointment of the expert.

Parties
Claimant: Shabbir Gheewalla; First Defendant: Saffana Rasul; Second Defendant (claim Discontinued): Akeela Ahmed; Third Defendant (claim Dismissed): Hidayat Ali Rasul
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Quantum Meruit Application / Interlocutory Application for Appointment of Independent Expert and Costs
Outcome
Application granted in part
Legal Topics
Quantum Meruit, Appointment of Expert, Costs Orders
Civil Procedure Contract Law Quantum Meruit Appointment of Expert Costs Orders

Case Brief

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Parties

Shabbir Gheewalla

Claimant

Saffana Rasul

First Defendant

Akeela Ahmed

Second Defendant (claim Discontinued)

Hidayat Ali Rasul

Third Defendant (claim Dismissed)

Procedural Posture

Civil Quantum Meruit Application / Interlocutory Application for Appointment of Independent Expert and Costs

Legal Issues

  1. 1 Who should be appointed as the independent expert to quantify the quantum meruit claim?
  2. 2 Should the hearing date be rescheduled?
  3. 3 Who should bear the costs of the application?

Ratio Decidendi

Mr Bruce Maunder Taylor is the most suitably qualified expert due to his extensive experience in residential block management and property management, and is therefore appointed as the independent expert. The Claimant's procedural failures and delays justify awarding the First Defendant her costs incurred after 9 June 2023 relating to the appointment of the expert.

Court Disposition

Application granted in part

Orders

  • Mr Bruce Maunder Taylor to be appointed as the independent expert.
  • Hearing for quantum meruit claim rescheduled for earliest available date after 31 October 2023.