John Gould, Senior Partner, and Tom Bradford, barrister in the litigation team, have successfully applied to set aside a notice of discontinuance served by the government of Pakistan in litigation involving a fund of approximately £35 million.
The dispute has been until now subject to a stalemate following a judgment of the House of Lords by Lord Denning in 1958. Mr Justice Henderson has granted Russell-Cooke's application, ruling that Pakistan has irrevocably waived state immunity and had submitted to the jurisdiction of the High Court in 2013 when it had first commenced, and then discontinued, proceedings. Pakistan's attempt to preserve sovereign immunity by serving the notice of discontinuance was found to constitute an abuse of process. Russell-Cooke's costs were awarded on an indemnity basis.
High Commissioner for Pakistan v Natwest  EWHC 55 (Ch)