High Commissioner for Pakistan in the UK v Natwest Bank Plc [2018] EWHC 3715 (Ch) (20 December 2018)

High Commissioner for Pakistan in the UK v Natwest Bank Plc [2018] EWHC 3715 (Ch) (20 December 2018)

The proposed amendments by Pakistan are not factually or legally arguable because the alleged dishonest conduct and unclean hands are not sufficiently connected to the relief sought or the matters in issue. The clean hands doctrine, even if applicable, does not bar the Defendants' claims in these circumstances. The application to amend is refused.

Citation
[2018] EWHC 3715 (Ch)
Parties
Claimant: The High Commissioner for Pakistan in the United Kingdom; Defendant/interpleader Claimant: Prince Mukarram Jah, His Exalted Highness the 8th Nizam of Hyderabad; Defendant/interpleader Claimant: Prince Muffakham Jah; Defendant/interpleader Claimant: Shannon Consulting Limited; Defendant/interpleader Claimant: The Union of India; Defendant/interpleader Claimant: The President of India; Defendant/interpleader Claimant: Hillview Assets Holdings Limited; Defendant/interpleader Claimant: The Administrator of the Estate of His Exalted Highness the Nizam VII of Hyderabad; Defendant/stakeholder: National Westminster Bank
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Civil (chancery Division) / Case Management Conference; Application to Amend Pleadings
Outcome
Application to amend refused
Legal Topics
Clean Hands Doctrine, Declaratory Relief, Amendment of Pleadings, Sovereign Immunity, Interpleader Proceedings
Equity Trusts Civil Procedure Clean Hands Doctrine Declaratory Relief Amendment of Pleadings Sovereign Immunity Interpleader Proceedings

Case Brief

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Parties

The High Commissioner for Pakistan in the United Kingdom

Claimant

Prince Mukarram Jah, His Exalted Highness the 8th Nizam of Hyderabad

Defendant/interpleader Claimant

Prince Muffakham Jah

Defendant/interpleader Claimant

Shannon Consulting Limited

Defendant/interpleader Claimant

The Union of India

Defendant/interpleader Claimant

The President of India

Defendant/interpleader Claimant

Hillview Assets Holdings Limited

Defendant/interpleader Claimant

The Administrator of the Estate of His Exalted Highness the Nizam VII of Hyderabad

Defendant/interpleader Claimant

National Westminster Bank

Defendant/stakeholder

Procedural Posture

Civil (chancery Division) / Case Management Conference; Application to Amend Pleadings

Legal Issues

  1. 1 Whether Pakistan should be permitted to amend its Particulars of Claim to plead dishonest conduct and unclean hands against India
  2. 2 Whether the proposed amendments are factually and legally arguable
  3. 3 Whether the clean hands doctrine applies to declaratory relief in this context

Ratio Decidendi

The proposed amendments by Pakistan are not factually or legally arguable because the alleged dishonest conduct and unclean hands are not sufficiently connected to the relief sought or the matters in issue. The clean hands doctrine, even if applicable, does not bar the Defendants' claims in these circumstances. The application to amend is refused.

Court Disposition

Application to amend refused

Orders

  • Pakistan's application for permission to re-re-amend the Particulars of Claim is refused