JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 775 (Ch) (01 April 2022)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 775 (Ch) (01 April 2022)

The court found that the ongoing war in Ukraine has created grave and insuperable difficulties for the defendants in preparing for and participating in the trial, including inability to communicate with legal teams, access documents, or secure expert evidence. The evidence established that these difficulties could not be mitigated or resolved by adaptations. Proceeding with the trial as scheduled would be unfair to the defendants and would not meet the requirements of a fair trial. The prejudice to the claimant and the state of Ukraine, while significant, did not outweigh the fundamental unfairness to the defendants. Therefore, the trial must be adjourned.

Citation
[2022] EWHC 775 (Ch)
Parties
Claimant: JSC Commercial Bank PrivatBank; First Defendant: Igor Valeryevich Kolomoisky; Second Defendant: Gennadiy Borisovich Bogolyubov; Third Defendant: Teamtrend Limited; Fourth Defendant: Trade Point Agro Limited; Fifth Defendant: Collyer Limited; Sixth Defendant: Rossyn Investing Corp; Seventh Defendant: Milbert Ventures Inc; Eighth Defendant: ZAO Ukrtransitservice Ltd
Jurisdiction
England and Wales
Judgment Date
01 April 2022
Procedural Posture
Commercial Fraud Claim / Pre Trial Review; Application for Adjournment of Trial
Outcome
Trial adjourned to a date to be fixed in the first half of June 2023.
Legal Topics
Adjournment of Trial, Fair Trial Rights, Impact of War on Litigation, Fraud, Jurisdiction, Disclosure, Expert Evidence
Civil Procedure Commercial Law Banking Law Adjournment of Trial Fair Trial Rights Impact of War on Litigation Fraud Jurisdiction +2 more

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Parties

JSC Commercial Bank PrivatBank

Claimant

Igor Valeryevich Kolomoisky

First Defendant

Gennadiy Borisovich Bogolyubov

Second Defendant

Teamtrend Limited

Third Defendant

Trade Point Agro Limited

Fourth Defendant

Collyer Limited

Fifth Defendant

Rossyn Investing Corp

Sixth Defendant

Milbert Ventures Inc

Seventh Defendant

ZAO Ukrtransitservice Ltd

Eighth Defendant

Procedural Posture

Commercial Fraud Claim / Pre Trial Review; Application for Adjournment of Trial

Legal Issues

  1. 1 Whether the trial should be adjourned due to the impact of the Russian invasion of Ukraine on the defendants' ability to prepare and participate
  2. 2 Whether a fair trial could proceed as scheduled in June 2022
  3. 3 Whether the prejudice to the claimant and the state of Ukraine outweighs the prejudice to the defendants if the trial is adjourned

Ratio Decidendi

The court found that the ongoing war in Ukraine has created grave and insuperable difficulties for the defendants in preparing for and participating in the trial, including inability to communicate with legal teams, access documents, or secure expert evidence. The evidence established that these difficulties could not be mitigated or resolved by adaptations. Proceeding with the trial as scheduled would be unfair to the defendants and would not meet the requirements of a fair trial. The prejudice to the claimant and the state of Ukraine, while significant, did not outweigh the fundamental unfairness to the defendants. Therefore, the trial must be adjourned.

Court Disposition

Trial adjourned to a date to be fixed in the first half of June 2023.

Orders

  • The trial listed to commence on 7 June 2022 is adjourned.
  • A new trial date is to be fixed for the first half of June 2023.