Amr Danyall Marshal & Ors v Awais Javed & Ors
The report of the forensic accountant in this case does not constitute expert evidence under CPR Part 35 as it is primarily a summary of factual material and not an exercise of recognised expertise; it is at best hearsay evidence of fact and does not require permission under CPR Part 35.
- Parties
- Claimant: AMR DANYAAL MASHAL; Claimant: ABDUR RAHMAN HASSAN MASHAL; Claimant: SUMAIA MASHAL; Claimant: HARF LIMITED; Defendant: AWAIS JAVED; Defendant: ZED BUSINESS SOLUTIONS LIMITED; Defendant: ZED RENTAL SOLUTIONS LIMITED
- Jurisdiction
- England and Wales
- Judgment Date
- 12 August 2025
- Procedural Posture
- Civil / Pre Trial Review
- Outcome
- Procedural direction given; no substantive determination of claims or defences.
- Legal Topics
- Expert Evidence, Forensic Accountancy, Hearsay, CPR Part 35
Case Brief
Summary, issues, holding and outcome
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Parties
AMR DANYAAL MASHAL
Claimant
ABDUR RAHMAN HASSAN MASHAL
Claimant
SUMAIA MASHAL
Claimant
HARF LIMITED
Claimant
AWAIS JAVED
Defendant
ZED BUSINESS SOLUTIONS LIMITED
Defendant
ZED RENTAL SOLUTIONS LIMITED
Defendant
Procedural Posture
Civil / Pre Trial Review
Legal Issues
- 1 Whether the forensic accountant's report constitutes expert evidence under CPR Part 35
- 2 Admissibility and status of forensic accountancy evidence as hearsay or expert opinion
Ratio Decidendi
The report of the forensic accountant in this case does not constitute expert evidence under CPR Part 35 as it is primarily a summary of factual material and not an exercise of recognised expertise; it is at best hearsay evidence of fact and does not require permission under CPR Part 35.
Court Disposition
Procedural direction given; no substantive determination of claims or defences.
Orders
- No need for joint statement or cross-examination of the forensic accountant.
- Trial timetable adjusted accordingly.
Full Case Text
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