Islam & Anor v Al-Sami & Anor

LADY JUSTICE ARDEN LORD JUSTICE ELIAS and MR JUSTICE DAVID RICHARDS ____________________

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court)

Mr Simon Williams (instructed by Ronald Fletcher Baker LLP) for the Appellant Mr Timothy Sisley (instructed by Goldkorn Mathias Gentle Page LLP) for the Respondents Hearing date: 12 January 2011 ____________________

They pleaded that further, and in any event, there was no indebtedness of Mrs Begum to the appellant to which the loan agreement related or which was secured by the charge in his favour. This was advanced on two bases. First, none of the indebtedness on which the appellant relied in fact existed. This raised numerous issues of facts to which I will later refer. Secondly, and in any event, it fell outside the terms of the loan agreement and was not therefore secured by the charge.

He referred to some of the evidence relevant to this, in particular the evidence of the appellant and Mrs Begum and of the handwriting experts called by the Islams and by the appellant.