Bastone and Firminger Ltd v Nasima Enterprises (Nigeria) Ltd and Others: ComC 20 May 1996

Banking – collecting banker – remitting banker – privity of contract Banking – remitting bank – right to damages – other than indemnity by customer Conflict of laws – RSC Order 11 r.1(1)(f) – ‘damage sustained within the jurisdiction’ – meaning Amendment of writ – causes of action arising after date of writ – exception – discretion
Rix J took a general view of the court’s discretion to allow the addition (within the limitation period) of causes of action based on assignments subsequent to the writ, but was also able to distinguish Roban Jig on the facts.

Rix J
[1996] CLC 1902
England and Wales
Cited by:
CitedNML Capital Ltd v Argentina SC 6-Jul-2011
The respondent had issued bonds but in 2001 had declared a moratorium on paying them. The appellant hedge fund later bought the bonds, heavily discounted. Judgment was obtained in New York, which the appellants now sought to enforce against assets . .

Lists of cited by and citing cases may be incomplete.


Updated: 26 November 2021; Ref: scu.186603