Wills & Trusts Law Reports | December 2016 #165The underlying claim concerned monies deposited in a new bank account with the National Westminster Bank (the bank) in the name of Mr Rahimtoola, the High Commissioner for Pakistan in London between 16 and 20 September 1948 (the Fund). The monies deposited had belonged to the state of Hyderabad/the 7th Nizam (Hyderabad’s absolute monarch at the time). The state of Hyderabad had been annexed to India between 13 and 18 September 2016. The underlying claim had been brought by Pakistan against the bank. A number of other defendants claiming an interest in the fund had been joined. Consequent...
Verity Altaras discusses the court’s approach to amending particulars of claim in light of the Jackson reforms ‘The willingness to meet the costs and belief in the indispensability of the amendment is not enough. The success of the application to amend hinges on the unearthing of the “real dispute” between the parties and the strength …
Continue reading "Amendment: Pleading awful"
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Tim Hirst considers the potential pitfalls of trying to prevent a limitation defence ‘If an agreement not to plead the statute is not adhered to by the defendant, that gives a claimant a second cause of action; that is to say to sue for the breach of that agreement.’ Perhaps as a result of the …
Continue reading "Standstill Agreements: Can the Limitation Act really be suspended?"
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