The WLR Daily case summaries
[2019] WLR(D) 561
Chancery Division
High Commissioner for Pakistan in the United Kingdom v Prince Muffakham Jah and others
[2019] EWHC 2551 (Ch)
2019 June 10–13, 17–21; Oct 2
Marcus Smith J
Practice— Claim— Striking out— Abuse of process— Fund belonging to Nizam of Hyderabad transferred to account at United Kingdom bank in name of Pakistani High Commissioner— Pakistan successfully raising sovereign immunity as procedural bar to claim brought to recover fund— Pakistan subsequently claiming beneficial interest in fund and waiving immunity in order to bring claim against bank— Parties claiming to be successors in title to Nizam joined to proceedings as interpleader claimants— Pakistan raising limitation defences to interpleaders’ claims despite having prevented ownership of fund being litigated earlier by assertion of state immunity— Whether limitation defences constituting abuse of process
Conflict of laws— Sovereign immunity— Act of state— Proceedings concerning transfer of fund from one sovereign state to another and manner in which fund held — State contending doctrine of act of state operating as bar to all but one part of proceedings— Whether in principle doctrine applicable to some but not all issues in proceedings— Whether proceedings justiciable
Trusts — Creation— Transfer of money— Fund belonging to Nizam of Hyderabad transferred to account at United Kingdom bank in name of Pakistani High Commissioner— Nizam’s successors in title claiming fund held by Pakistan on trust— Whether in principle payment from one sovereign state to anther giving rise to trust relationship— Whether fund held by Pakistan on trust