High Commissioner for Pakistan in the UK v Natwest Bank Plc

High Commissioner for Pakistan in the UK v Natwest Bank Plc

The proposed amendments by Pakistan are not permitted because the allegations of dishonest conduct and unclean hands are either factually unarguable or too remote to the matters in issue. There is no sufficient connection between the alleged misconduct and the relief sought, and the amendments lack a real prospect of success in law.

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 / Case Management Conference; Application to Amend Pleadings
Outcome
application refused
Legal Topics
Amendment of Pleadings, Clean Hands Doctrine, Declaratory Relief, Interpleader Proceedings
Civil Procedure Equity Amendment of Pleadings Clean Hands Doctrine Declaratory Relief 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 / Case Management Conference; Application to Amend Pleadings

Legal Issues

  1. 1 Whether Pakistan should be permitted to re-re-amend its Particulars of Claim to plead dishonest conduct and unclean hands against India
  2. 2 Whether the proposed amendments are factually or 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 permitted because the allegations of dishonest conduct and unclean hands are either factually unarguable or too remote to the matters in issue. There is no sufficient connection between the alleged misconduct and the relief sought, and the amendments lack a real prospect of success in law.

Court Disposition

application refused

Orders

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