Trust money
2/10/19
HIGH COMMISSIONER FOR PAKISTAN IN THE UK v PRINCE MUKARRAM JAH [2019] EWHC 2551 (Ch)
Funds transferred to the claimant’s bank account from an account of the Government of Hyderabad were found to be held on express trust for the ruler of Hyderabad (Nizam VII). The court considered the principles for finding an express, constructive or resulting trust [243]. As the transfer had not been authorised by Nizam VII the funds were also recoverable in a claim for unjust enrichment. The claimant was estopped from asserting a limitation defence because its earlier reliance on sovereign immunity had prevented proceedings being brought earlier [280]. The bank was also liable in unjust enrichment. The defence of ministerial receipt was not available as the monies had not been paid away [290].