Lauren Wazen v Dr Nasir Khan

Lauren Wazen v Dr Nasir Khan

Point 3 of the points of dispute fails to comply with the requirements for particularity as set out in Ainsworth v Stewarts Law LLP, applies to inter partes assessments, and must be struck out for lack of specificity regarding challenged items and offers.

Parties
Claimant: Lauren Wazen; Defendant: Dr Nasir Khan
Jurisdiction
England and Wales
Judgment Date
06 April 2024
Procedural Posture
Costs Assessment / Preliminary Issue Ruling
Outcome
Point 3 of the points of dispute struck out; permission to appeal refused.
Legal Topics
Points of Dispute, Detailed Assessment, Particularity Requirements, Apportionment, Guideline Hourly Rates
Civil Procedure Costs Points of Dispute Detailed Assessment Particularity Requirements Apportionment Guideline Hourly Rates

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Parties

Lauren Wazen

Claimant

Dr Nasir Khan

Defendant

Procedural Posture

Costs Assessment / Preliminary Issue Ruling

Legal Issues

  1. 1 Whether point 3 of the points of dispute complies with the rules as explained in Ainsworth v Stewarts Law LLP
  2. 2 Whether Ainsworth applies to inter partes assessments
  3. 3 Degree of particularity required in points of dispute

Ratio Decidendi

Point 3 of the points of dispute fails to comply with the requirements for particularity as set out in Ainsworth v Stewarts Law LLP, applies to inter partes assessments, and must be struck out for lack of specificity regarding challenged items and offers.

Court Disposition

Point 3 of the points of dispute struck out; permission to appeal refused.

Orders

  • Point 3 of the points of dispute in respect of disclosure and ADR is struck out.
  • No arbitrary reduction for apportionment against second defendant.