Bank Of Credit & Commerce International SA v Hussain [2000] EWCA Civ 395 (7 December 2000)

Bank Of Credit & Commerce International SA v Hussain [2000] EWCA Civ 395 (7 December 2000)

The appeal should be adjourned to await the House of Lords decision in Etridge, as it is more satisfactory for the appeal to be determined in light of the forthcoming authoritative pronouncement, and no real prejudice to the respondent was established despite the lateness of the application.

Citation
[2000] EWCA Civ 395
Parties
Claimant/respondent: Bank of Credit and Commerce International SA; Defendant/appellant: Sanam Bhutton Hussain
Jurisdiction
England and Wales
Judgment Date
07 December 2000
Procedural Posture
Civil Appeal / Application for Adjournment Pending House of Lords Decision
Outcome
Appeal adjourned
Legal Topics
Undue Influence, Mortgage Enforcement, Adjournment of Proceedings
Banking Law Equity Civil Procedure Undue Influence Mortgage Enforcement Adjournment of Proceedings

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Parties

Bank of Credit and Commerce International SA

Claimant/respondent

Sanam Bhutton Hussain

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Adjournment Pending House of Lords Decision

Legal Issues

  1. 1 Whether the appeal should be adjourned pending the House of Lords decision in Etridge
  2. 2 Whether the lateness of the adjournment application prejudices the respondent
  3. 3 Whether any part of the substantive appeal should be heard prior to the House of Lords decision

Ratio Decidendi

The appeal should be adjourned to await the House of Lords decision in Etridge, as it is more satisfactory for the appeal to be determined in light of the forthcoming authoritative pronouncement, and no real prejudice to the respondent was established despite the lateness of the application.

Court Disposition

Appeal adjourned

Orders

  • Appellant to pay costs of and occasioned by the adjournment
  • Appellant to pay costs of and occasioned by the application in respect of the current account point