High Commissioner for Pakistan in the United Kingdom v Prince Mukkaram Jah, His Exalted Highness the 8th Nizam of Hyderabad

High Commissioner for Pakistan in the United Kingdom v Prince Mukkaram Jah, His Exalted Highness the 8th Nizam of Hyderabad

Pakistan's claim to beneficial ownership of the Fund, her invocation of the act of state/non-justiciability doctrine, and her limitation defences (except as to trust claims) all raise triable issues and cannot be summarily dismissed or struck out. The trust claims by India and the Princes are not time-barred and Pakistan's limitation defence to those claims has no real prospect of success and should be struck out. India's restitutionary claim against the Bank is arguable and should proceed to trial.

Parties
Claimant: The High Commissioner for Pakistan in the United Kingdom; Defendant/interpleader Claimant: Prince Mukkarram 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/stakeholder: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
21 June 2016
Procedural Posture
Civil (interpleader/stakeholder) / Summary Judgment and Strike Out Applications Prior to Trial
Outcome
Applications for summary judgment and strike-out are dismissed except that Pakistan's limitation defence to the trust claims is to be struck out in principle, subject to case management.
Legal Topics
Resulting and Constructive Trusts, Act of State Doctrine, Non Justiciability, Limitation of Actions, Restitution/unjust Enrichment, Sovereign Immunity, Abuse of Process
Trusts and Equity International Law Civil Procedure Resulting and Constructive Trusts Act of State Doctrine Non Justiciability Limitation of Actions Restitution/unjust Enrichment +2 more

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Parties

The High Commissioner for Pakistan in the United Kingdom

Claimant

Prince Mukkarram 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

National Westminster Bank PLC

Defendant/stakeholder

Procedural Posture

Civil (interpleader/stakeholder) / Summary Judgment and Strike Out Applications Prior to Trial

Legal Issues

  1. 1 Whether Pakistan's claim to beneficial ownership of the Fund has a real prospect of success
  2. 2 Whether the doctrine of non-justiciability/act of state applies to bar adjudication
  3. 3 Whether limitation defences by Pakistan are abusive or have substantive merit

Ratio Decidendi

Pakistan's claim to beneficial ownership of the Fund, her invocation of the act of state/non-justiciability doctrine, and her limitation defences (except as to trust claims) all raise triable issues and cannot be summarily dismissed or struck out. The trust claims by India and the Princes are not time-barred and Pakistan's limitation defence to those claims has no real prospect of success and should be struck out. India's restitutionary claim against the Bank is arguable and should proceed to trial.

Court Disposition

Applications for summary judgment and strike-out are dismissed except that Pakistan's limitation defence to the trust claims is to be struck out in principle, subject to case management.

Orders

  • All applications for summary judgment and strike-out are dismissed except as to Pakistan's limitation defence to trust claims.
  • Pakistan's limitation defence to trust claims by India and the Princes is to be struck out in principle, subject to further case management.