Habib Bank Ltd. v Dawood [2004] EWCA Civ 1346 (07 October 2004)

Habib Bank Ltd. v Dawood [2004] EWCA Civ 1346 (07 October 2004)

The judge erred in law and discretion by refusing permission to amend the claim to include compound contractual interest; such amendment should be allowed as there was no real prejudice to the defendant and the real dispute should be adjudicated.

Citation
[2004] EWCA Civ 1346
Parties
Claimant/appellant: Habib Bank Limited; Defendant/respondent: Mohammed Ali Dawood
Jurisdiction
England and Wales
Judgment Date
07 October 2004
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Guarantee Liability, Amendment of Pleadings, Contractual Interest, Compound Interest, Summary Judgment, Strike Out for Want of Prosecution
Contract Law Banking Law Civil Procedure Guarantee Liability Amendment of Pleadings Contractual Interest Compound Interest Summary Judgment +1 more

Case Brief

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Parties

Habib Bank Limited

Claimant/appellant

Mohammed Ali Dawood

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the claimant bank could amend its claim to include compound contractual interest after judgment on liability
  2. 2 Whether the refusal to permit amendment was correct in law and discretion
  3. 3 Whether the claim for compound interest in a second action was barred

Ratio Decidendi

The judge erred in law and discretion by refusing permission to amend the claim to include compound contractual interest; such amendment should be allowed as there was no real prejudice to the defendant and the real dispute should be adjudicated.

Court Disposition

Appeal allowed

Orders

  • Permission to amend the claim to include compound interest granted
  • Judgment for compound interest in the sum of £147,607.51