High Commissioner for Pakistan in the United Kingdom v Prince Mukkaram Jah, His Exalted Highness the 8th Nizam of Hyderabad [2016] EWHC 1465 (Ch)

WTLR Issue: December 2016 #165

THE HIGH COMMISSIONER FOR PAKISTAN IN THE UNITED KINGDOM

V

1. PRINCE MUKKARAM JAH, HIS EXALTED HIGHNESS THE 8th NIZAM OF HYDERABAD

2. PRINCE MUFFAKHAM JAH

3. SHANNON CONSULTING LIMITED

4. THE UNION OF INDIA

5. THE PRESIDENT OF INDIA

6. HILLVIEW ASSETS HOLDINGS LIMITED

7. NATIONAL WESTMINSTER BANK PLC

Analysis

The 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. Consequently the underlying claim concerned rival claims to beneficial ownership of the funds by Pakistan, India, the 8th Nizam and his younger brother (the princes).

Counsel details

Mr Khawar Qureshi QC (Serle Court, 6 New Square, Lincoln’s Inn, London, WC2A 3QS, tel 020 7242 6105, e-mail clerks@serlecourt.co.uk) and Mr Jonathan Brettler (4 Stone Buildings, London, WC2A 3XT, tel 020 7242 5524, e-mail clerks@4stonebuildings.com) instructed by Stephenson Harwood LLP (1 Finsbury Circus, London, EC2M 7SH, tel 020 7809 2147, e-mail info@shlegal.com) for the claimant.

Mr Eason Rajah QC and Mr Leon Pickering (10 Old Square, Lincoln’s Inn, London, WC2A 2SU, tel 020 7405 0758, e-mail clerks@tenoldsquare.com) instructed by Withers LLP (16 Old Bailey, London, EC4M 7EG, tel 020 7597 6000, e-mail enquiries.uk@withersworldwide.com) for the 8th Nizam of Hyderabad.

Mr Hodge Malek QC (39 Essex Chambers, 81 Chancery Lane, London, WC2A 1DD, tel 020 7832 1111, e-mail clerks@39essex.com), Mr Dakis Hagen and Mr Jonathan McDonagh (Serle Court, 6 New Square, Lincoln’s Inn, London, WC2A 3QS, tel 020 7242 6105, e-mail clerks@serlecourt.co.uk) instructed by Russell-Cooke LLP (8 Bedford Row, London, WC1R 4BX, tel 020 7405 6566, e-mail enquiries@russell-cooke.co.uk) for Prince Muffakham Jah.

Mr Timothy Otty QC, Mr Harish Salve SA (Blackstone Chambers, Blackstone House, Temple, London, EC4Y 9BW, tel 020 7583 1770, e-mail clerks@blackstonechambers.com), Ms Clare Reffin (One Essex Court, Temple, London, EC4Y 9AR, tel 020 7583 2000, e-mail clerks@oeclaw.co.uk) and Mr James Brightwell (New Square Chambers, 12 New Square, Lincoln’s Inn, London, WC2A 3SW, tel 020 7419 8000, e-mail clerks@newsquarechambers.co.uk) instructed by TLT LLP (One Redcliff Street, Bristol, BS1 6TP, tel 033 3006 0000, e-mail generalenquiries@tltsolicitors.com) for India.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • CPR r24.2, r3.4(2), r19.5
  • Limitation Act 1939, ss2(1)(a), 19
  • Limitation Act 1980, ss5, 21, 35 para 9(1) of sch 2