High Comr for Pakistan in the United Kingdom v Prince Muffakham Jah

Subject Matter

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

[2019] EWHC 2551 (Ch); [2020] Ch 421; [2020] 2 WLR 699; [2019] WLR(D) 561, Ch D

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

[2019] EWHC 2551 (Ch); [2020] Ch 421; [2020] 2 WLR 699; [2019] WLR(D) 561, Ch D

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

[2019] EWHC 2551 (Ch); [2020] Ch 421; [2020] 2 WLR 699; [2019] WLR(D) 561, Ch D

Commentary

Blackstones Civil Practice 2023
Abuse of Process - General examples of abuse of process 33.13