Saddique v Sadiq & Anor

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

  1. 1 Whether appointment as receiver authorises claimant to sue in her own name for assets of another
  2. 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