Habib Bank Ltd. v Ahmed & Ors [2004] EWCA Civ 805 (24 June 2004)

No material impact from Qamar Ahmed's evidence on the judge's findings regarding the source of funds; declarations of trust and property transfers were responses to proceedings and not genuine pre-existing arrangements; costs claimed by respondent were disproportionate and reduced accordingly.

Citation: [2004] EWCA Civ 805
Parties: Claimant Respondent: Habib Bank Limited; Defendants Appellants: Ahmed & Others
Jurisdiction: England and Wales
Judgment Date: 24 June 2004
Procedural Posture: Civil Appeal / Application for Permission to Appeal and Summary Assessment of Costs
Outcome: permission to appeal refused; costs awarded to respondent
Legal Topics: Charging Order, Foreign Judgment Enforcement, Burden of Proof, Trusts, Costs Assessment

Insolvency Civil Procedure Property Law Charging Order Foreign Judgment Enforcement Burden of Proof Trusts Costs Assessment

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Habib Bank Limited

Claimant Respondent

Ahmed & Others

Defendants Appellants

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Summary Assessment of Costs

Legal Issues

1 Whether the judge overlooked material evidence regarding the source of funds for property purchase
2 Whether declarations of trust and property transfers were genuine or intended to defeat creditors
3 Appropriate assessment of costs for resisting appeal

Ratio Decidendi

Court Disposition

permission to appeal refused; costs awarded to respondent

Orders

Applicants refused permission to appeal
Respondent awarded costs of £16,195 for resisting application and preparing for appeal