Shabbir Gheewalla v Saffana Rasul & Ors

Where parties cannot agree on a jointly instructed expert, the court may appoint the most suitable candidate from those proposed. Suitability is assessed by reference to the matters on which expert evidence is required, including relevant subject-matter experience and the ability to provide useful evidence to the court.

Failure to engage properly and promptly with the expert-selection process may justify awarding the opposing party its costs of the application. A hearing concerning quantum may also be adjourned where procedural delay makes the listed dates impracticable.

The claimant had succeeded only to the limited extent that he was entitled to pursue a quantum meruit claim for services provided in connection with the management of 51 flats. His liability claim had been determined in an earlier judgment, Gheewalla v Rasul and ors [2022] EWHC 3180 (Ch), with the amount of any award to be determined at a later hearing.

The parties failed to agree on a jointly appointed independent expert. The claimant applied for the court to select an expert from the candidates proposed by the parties and to vacate and relist the quantum hearing. The issues were which expert was suitable, whether the hearing should be rescheduled, and who should bear the costs of the application.

1. Application granted. The court ordered the parties to appoint Mr Bruce Maunder Taylor as the jointly instructed independent expert. The relevant evidence concerned the time and effort required to act as an owners’ representative supervising the management of 51 flats, and the appropriate arm’s-length remuneration for that service during the relevant period.
2. Expert suitability was assessed by reference to the specific evidence required. Mr Stafford had broad employment expertise but little focused experience in letting management. Mr Raza Khan had experience in property valuation and development but did not claim particular expertise in property management or employing property managers. Mr Maunder Taylor had extensive experience in residential block management, property management, service-charge disputes and the employment of management staff. He was therefore best placed to provide a useful report.
3. The final determination of the quantum meruit claim was vacated and rescheduled for the earliest available date after 31 October 2023, because the delay in agreeing an expert made the existing hearing dates impracticable.
4. The First Defendant was awarded her costs relating to the appointment of the expert incurred after 9 June 2023, to be assessed on the standard basis if not agreed. The expert-selection process had been unduly protracted, largely because of the claimant’s failure to identify suitable and willing experts and provide adequate information for proper evaluation.

The judgment was a first-instance case-management decision. The earlier liability judgment in the same litigation was identified as Gheewalla v Rasul and ors [2022] EWHC 3180 (Ch).