Khadijah binti Idris

On the judicial record

A window on how a High Court resolves banking-recovery and guarantee disputes brought by conventional and Islamic financiers, focusing on the facility documents, the security relied on, and whether a genuine triable issue is shown.

Khadijah binti Idris sits in the High Court, and this collection is concentrated in banking and finance, comprising recovery actions brought by financial institutions against corporate borrowers and their guarantors. The lenders include conventional and Islamic banks — among them a co-operative bank, an Islamic bank, a development bank serving small and medium enterprises, an Islamic arm of an international bank, and a domestic commercial bank — and the disputes turn on the recovery of sums due under financing facilities and the enforcement of personal and corporate guarantees. The presence of Islamic financiers brings Shariah-compliant financing structures alongside conventional facilities, so the court must apply the terms of each facility according to its own character. Typical questions in this kind of litigation include whether the borrower is in default, whether a guarantor is liable under the terms of the guarantee, and whether a defendant has raised a bona fide triable issue sufficient to resist summary disposal or has offered only bare denials. Beyond the banking work the docket includes disputes between trading companies and their counterparties and an employment-related matter, showing that the list is not confined to recovery actions. The judgments identify the governing facility documents and the security relied on and apply them to the facts. Private individuals appearing as borrowers or guarantors are referred to here by role; corporate and banking parties are named. A recurring feature is the court's focus on the contractual documents that constitute the facility and the guarantee, and on whether the defendant has shown a genuine dispute on the merits rather than a bare assertion designed to delay recovery. The collection is a useful window on how a High Court resolves the banking-recovery and guarantee disputes that make up a substantial part of the commercial list, and on the interaction of conventional and Islamic financing within a single docket, where the same court must give effect to each facility according to the terms and character of the instrument before it.