The Law Reports (Chancery Division)
[2020] Ch 421
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
Oct 2
Marcus Smith J
Practice— Claim— Striking out— Abuse of process— Sovereign state and others asserting ownership of fund— State preventing claims from being brought against it within limitation period by relying on sovereign immunity— State subsequently waiving immunity in order to bring claim in respect of fund— State raising limitation defences to interpleaders’ claims to ownership of fund— Whether 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— Whether proceedings justiciable— Whether act of state doctrine applicable to some but not all issues in proceedings
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 another giving rise to trust relationship— Whether fund held by Pakistan on trust