Saddique v Sadiq & Anor
The appointment of the appellant as receiver did not entitle her to bring an action in her own name to recover money allegedly owed to her husband; the claim was bound to fail as constituted.
- Parties
- Appellant: Asma Saddique; Respondent: Saliha Sadiq; Respondent: Iqbal
- Jurisdiction
- England and Wales
- Judgment Date
- 03 March 2010
- Procedural Posture
- Civil Appeal / Appeal From County Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Receivership, Authority to Sue, Representative Actions
Case Brief
Summary, issues, holding and outcome
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Parties
Asma Saddique
Appellant
Saliha Sadiq
Respondent
Iqbal
Respondent
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Legal Issues
- 1 Whether appointment as receiver authorises claimant to sue in her own name for assets of another
- 2 Whether the claim could be saved by appointment under Rule 19.7
Ratio Decidendi
The appointment of the appellant as receiver did not entitle her to bring an action in her own name to recover money allegedly owed to her husband; the claim was bound to fail as constituted.
Court Disposition
Appeal dismissed
Orders
- Application refused
- Claim dismissed
Full Case Text
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