Habib Bank Ltd. v Dawood
The judge exercised discretion on a wrong basis; there was no need to treat Dawood as principal debtor to claim contractual interest. Permission to amend should be granted as no real prejudice to defendant exists and the amendment allows adjudication of the real dispute.
- Parties
- Claimant/appellant: Habib Bank Limited; Defendant/respondent: Mohammed Ali Dawood
- Jurisdiction
- England and Wales
- Judgment Date
- 07 October 2004
- Procedural Posture
- Civil Appeal / Appeal From High Court Judgment on Liability and Interest
- Outcome
- appeal allowed
- Legal Topics
- Guarantees, Amendment of Pleadings, Interest on Debts, Compound Interest, Summary Judgment, Strike Out for Want of Prosecution
Case Brief
Summary, issues, holding and outcome
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Parties
Habib Bank Limited
Claimant/appellant
Mohammed Ali Dawood
Defendant/respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability and Interest
Legal Issues
- 1 whether claimant could amend pleadings to claim compound interest at contractual rate
- 2 whether contractual interest could be claimed against guarantor post-writ
- 3 whether amendment should be permitted at late stage
Ratio Decidendi
The judge exercised discretion on a wrong basis; there was no need to treat Dawood as principal debtor to claim contractual interest. Permission to amend should be granted as no real prejudice to defendant exists and the amendment allows adjudication of the real dispute.
Court Disposition
appeal allowed
Orders
- permission granted to amend pleadings to claim compound interest
- judgment for compound interest in sum of £147,607.51
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