Chaudri v Khan

Chaudri v Khan

Permission to appeal is granted because both the applicable interest rate and the period for which interest is payable raise important points of principle with real prospects of success, including whether the interest rate should vary with statutory changes and whether the discretion to vary the interest period can be exercised by courts other than the one entering judgment.

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
Civil Appeal / Application for Permission to Bring Second Appeal
Outcome
permission to appeal granted
Legal Topics
Judgment Interest Rates, Charging Orders, Discretion to Vary Interest Period
Civil Procedure Enforcement of Judgments Judgment Interest Rates Charging Orders Discretion to Vary Interest Period

Case Brief

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Parties

Safaa Chaudri

Claimant/appellant

Abdul Hamid Khan

Defendant/respondent

Nargis Khan

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Bring Second Appeal

Legal Issues

  1. 1 What rate of interest should apply to the original judgment debt?
  2. 2 Over what period of time should interest be payable on the judgment debt?
  3. 3 Does the court have discretion to vary the period for which interest is payable, and at what stage can this be exercised?

Ratio Decidendi

Permission to appeal is granted because both the applicable interest rate and the period for which interest is payable raise important points of principle with real prospects of success, including whether the interest rate should vary with statutory changes and whether the discretion to vary the interest period can be exercised by courts other than the one entering judgment.

Court Disposition

permission to appeal granted

Orders

  • Permission to appeal granted on both questions.
  • Appeal to be heard by three Lords Justices, one with commercial and one with Chancery experience.