Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2008] EWHC 1748 (Comm) (22 July 2008)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors [2008] EWHC 1748 (Comm) (22 July 2008)

The pleaded misconduct (non-disclosure and unlawful investigations) lacks a sufficiently close connection to the equitable relief sought, and does not constitute a defence with any real prospect of success. There is no compelling reason for the issue to be tried. Summary judgment is granted to strike out the defence based on the clean hands doctrine.

Citation
[2008] EWHC 1748 (Comm)
Parties
Claimants: Fiona Trust & Holding Corporation & Others; Defendants: Yuri Privalov & Ors
Jurisdiction
England and Wales
Judgment Date
22 July 2008
Procedural Posture
Commercial Court Litigation / Interlocutory Application for Strike Out and Summary Judgment
Outcome
Summary judgment granted for claimants; defence paragraphs struck out.
Legal Topics
Clean Hands Doctrine, Equitable Relief, Summary Judgment, Strike Out, Freezing Orders, Non Disclosure, Unlawful Investigations
Equity Civil Procedure Commercial Law Clean Hands Doctrine Equitable Relief Summary Judgment Strike Out Freezing Orders +2 more

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Parties

Fiona Trust & Holding Corporation & Others

Claimants

Yuri Privalov & Ors

Defendants

Procedural Posture

Commercial Court Litigation / Interlocutory Application for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether allegations of non-disclosure and unlawful investigations bar equitable relief under the clean hands doctrine
  2. 2 Whether pleaded misconduct has sufficient connection to the equitable relief sought to constitute a defence
  3. 3 Whether summary judgment should be granted on the pleaded defence

Ratio Decidendi

The pleaded misconduct (non-disclosure and unlawful investigations) lacks a sufficiently close connection to the equitable relief sought, and does not constitute a defence with any real prospect of success. There is no compelling reason for the issue to be tried. Summary judgment is granted to strike out the defence based on the clean hands doctrine.

Court Disposition

Summary judgment granted for claimants; defence paragraphs struck out.

Orders

  • Paragraphs 153 to 168 of the Nikitin defendants' defence are struck out.
  • Summary judgment entered against the Nikitin defendants on the clean hands issue.