JSC Commercial Bank "PrivatBank" v Kolomoisky & Ors [2023] EWHC 793 (Ch) (30 March 2023)

JSC Commercial Bank "PrivatBank" v Kolomoisky & Ors [2023] EWHC 793 (Ch) (30 March 2023)

Permission to amend the defence is granted, as the amendments are arguable and the balance of justice, though finely balanced, favours allowing them. The lateness and conduct of the first defendant justify imposing conditions, including a payment into court of £600,000 and provision of expert instructions, to mitigate prejudice and mark the court's disapproval of the defendant's litigation conduct.

Citation
[2023] EWHC 793 (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
30 March 2023
Procedural Posture
Commercial Fraud Claim / Application for Permission to Amend Defence
Outcome
Permission to amend defence granted with conditions
Legal Topics
Amendment of Pleadings, Late Amendments, Currency of Claim, Foreign Law Proceedings, Costs Orders, Case Management
Civil Procedure Banking Law Commercial Law Amendment of Pleadings Late Amendments Currency of Claim Foreign Law Proceedings Costs Orders +1 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 / Application for Permission to Amend Defence

Legal Issues

  1. 1 Whether to permit late amendments to the defence regarding currency of claim and Ukrainian proceedings
  2. 2 Whether conditions (including payment into court) should be imposed for granting permission to amend

Ratio Decidendi

Permission to amend the defence is granted, as the amendments are arguable and the balance of justice, though finely balanced, favours allowing them. The lateness and conduct of the first defendant justify imposing conditions, including a payment into court of £600,000 and provision of expert instructions, to mitigate prejudice and mark the court's disapproval of the defendant's litigation conduct.

Court Disposition

Permission to amend defence granted with conditions

Orders

  • Permission to amend defence in the form indicated, excluding the words 'in particular but without limitation' in paragraph 83G.
  • First defendant to pay £600,000 into court as a condition of permission to amend.