Gheewalla v Rasul & Ors [2023] EWHC 2074 (Ch) (09 August 2023)

Gheewalla v Rasul & Ors [2023] EWHC 2074 (Ch) (09 August 2023)

Mr Bruce Maunder Taylor is the most suitable expert due to his extensive and directly relevant experience in residential block management, making him best placed to assist the court in quantifying the quantum meruit claim. The Claimant's conduct unduly delayed the process, justifying an order for the First Defendant's costs incurred after 9 June 2023.

Citation
[2023] EWHC 2074 (Ch)
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
09 August 2023
Procedural Posture
Civil (business and Property Courts) / Post Liability, Pre Quantum Determination; Application for Appointment of Independent Expert and Rescheduling of Hearing
Outcome
Application granted in part.
Legal Topics
Quantum Meruit, Appointment of Expert, Costs, Management of Partnership Property
Civil Procedure Contract Law Partnership Law Quantum Meruit Appointment of Expert Costs Management of Partnership Property

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 (business and Property Courts) / Post Liability, Pre Quantum Determination; Application for Appointment of Independent Expert and Rescheduling of Hearing

Legal Issues

  1. 1 Who should be appointed as the independent expert to assist with quantification of the quantum meruit claim?
  2. 2 Should the scheduled hearing date be vacated and rescheduled?
  3. 3 Who should bear the costs of the application?

Ratio Decidendi

Mr Bruce Maunder Taylor is the most suitable expert due to his extensive and directly relevant experience in residential block management, making him best placed to assist the court in quantifying the quantum meruit claim. The Claimant's conduct unduly delayed the process, justifying an order for the First Defendant's costs incurred after 9 June 2023.

Court Disposition

Application granted in part.

Orders

  • Parties to jointly instruct Mr Bruce Maunder Taylor as independent expert.
  • Hearing for quantum determination to be rescheduled for earliest available date after 31 October 2023.