JSC Commercial Bank PrivatBank v Kolomoisky & Ors [2023] EWHC 1300 (Ch) (30 May 2023)

JSC Commercial Bank PrivatBank v Kolomoisky & Ors [2023] EWHC 1300 (Ch) (30 May 2023)

Permission to amend is granted because the proposed amendments are a further development of existing arguments, are arguable with a sufficient degree of conviction, and are supported by expert evidence. The amendments do not prejudice the Bank's trial preparation and refusal would severely prejudice the Defendants. The law on the quantum of unjust enrichment is not settled, and the amendments should be determined at trial.

Citation
[2023] EWHC 1300 (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 May 2023
Procedural Posture
Civil (business and Property Courts) / Application for Permission to Amend Defence
Outcome
Permission to amend defence granted
Legal Topics
Amendment of Pleadings, Unjust Enrichment, Restitutionary Claims, Quantum of Loss, Procedural Discretion
Civil Procedure Banking Law Restitution Amendment of Pleadings Unjust Enrichment Restitutionary Claims Quantum of Loss Procedural Discretion

Case Brief

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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

Civil (business and Property Courts) / Application for Permission to Amend Defence

Legal Issues

  1. 1 Whether the Third to Eighth Defendants should be granted permission to amend their defence to the unjust enrichment claim
  2. 2 Whether the proposed amendments have a real prospect of success or are supported by evidence
  3. 3 Whether the amendments introduce new arguments that should have been raised earlier

Ratio Decidendi

Permission to amend is granted because the proposed amendments are a further development of existing arguments, are arguable with a sufficient degree of conviction, and are supported by expert evidence. The amendments do not prejudice the Bank's trial preparation and refusal would severely prejudice the Defendants. The law on the quantum of unjust enrichment is not settled, and the amendments should be determined at trial.

Court Disposition

Permission to amend defence granted

Orders

  • Parties to agree and submit for approval an order reflecting the terms of this ruling