Privy Council judgment on disputed debts & public policy

April 10, 2024

The Privy Council has handed down judgment in Katra Holdings Ltd v. Standard Chartered Bank [2024] UKPC 8 on appeal from Mauritius.  The issue arose in the context of a debtor’s attempt to set aside a statutory demand.  A bank loan had been made as part of a wider series of transactions in relation to a share sale agreement.  The main question was whether the loan, which was governed by the law of one jurisdiction, was unenforceable by reference to principles of public policy on the ground that part of the arrangements were unlawful in another jurisdiction.  Jonathan Crow CVO, KC and Gregory Denton-Cox appeared for the appellant.

Download the judgment.