Chaudri v Khan [2006] EWCA Civ 1197 (18 July 2006)

Chaudri v Khan [2006] EWCA Civ 1197 (18 July 2006)

Permission to appeal granted as both questions raise important points of principle with real prospects of success: whether judgment interest rate changes over time and whether discretion to curtail interest period can be exercised by courts other than the original court.

Citation
[2006] EWCA Civ 1197
Parties
Claimant/appellant: Safaa Chaudri; Defendant/respondent: Abdul Hamid Khan; Defendant/respondent: Nargis Khan
Jurisdiction
England and Wales
Judgment Date
18 July 2006
Procedural Posture
Application for Permission to Bring a Second Appeal / Permission to Appeal Granted
Outcome
permission to appeal granted
Legal Topics
Judgment Interest Rates, Charging Orders, Discretion Under Civil Procedure Rules
Civil Procedure Judgment Enforcement Judgment Interest Rates Charging Orders Discretion Under Civil Procedure Rules

Case Brief

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Parties

Safaa Chaudri

Claimant/appellant

Abdul Hamid Khan

Defendant/respondent

Nargis Khan

Defendant/respondent

Procedural Posture

Application for Permission to Bring a Second Appeal / Permission to Appeal Granted

Legal Issues

  1. 1 What rate of interest should apply to the original judgment?
  2. 2 Over what period of time should interest be payable?
  3. 3 Whether discretion under CPR Part 40.8(1)(b) can be exercised by courts other than the court entering judgment

Ratio Decidendi

Permission to appeal granted as both questions raise important points of principle with real prospects of success: whether judgment interest rate changes over time and whether discretion to curtail interest period can be exercised by courts other than the original court.

Court Disposition

permission to appeal granted

Orders

  • Appeal to be heard by three Lords Justices, including one with commercial and one with Chancery experience.
  • Estimate for hearing length is half a day.