Fiona Trust & Holding Corporation & Ors v Privalov & Ors

Fiona Trust & Holding Corporation & Ors v Privalov & Ors

The alleged misconduct (non-disclosure and illegal investigations) by the claimants does not have a sufficiently immediate and necessary connection with the equitable relief sought to invoke the clean hands doctrine. There is no real prospect of the Nikitin defendants succeeding in this defence, nor any compelling reason for the issue to be tried. The application for summary judgment is granted and the relevant paragraphs of the defence are struck out.

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) / Application to Strike Out Defence Paragraphs And/or Summary Judgment
Outcome
Application for summary judgment granted; defence paragraphs struck out
Legal Topics
Clean Hands Doctrine, Equitable Relief, Non Disclosure, Summary Judgment, Freezing Orders, Illegally Obtained Evidence
Equity Civil Procedure Commercial Law Clean Hands Doctrine Equitable Relief Non Disclosure Summary Judgment Freezing Orders +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Fiona Trust & Holding Corporation & Others

Claimants

Yuri Privalov & Ors

Defendants

Procedural Posture

Commercial Court Litigation (interlocutory Application) / Application to Strike Out Defence Paragraphs And/or Summary Judgment

Legal Issues

  1. 1 Whether the pleaded misconduct (non-disclosure and illegal investigations) by the claimants provides a defence to equitable relief based on the clean hands doctrine
  2. 2 Whether the defence as pleaded has a real prospect of success or any compelling reason to be tried

Ratio Decidendi

The alleged misconduct (non-disclosure and illegal investigations) by the claimants does not have a sufficiently immediate and necessary connection with the equitable relief sought to invoke the clean hands doctrine. There is no real prospect of the Nikitin defendants succeeding in this defence, nor any compelling reason for the issue to be tried. The application for summary judgment is granted and the relevant paragraphs of the defence are struck out.

Court Disposition

Application for summary judgment granted; defence paragraphs struck out

Orders

  • Paragraphs 153 to 168 of the Nikitin defendants' defence are struck out
  • Summary judgment entered for the claimants on the relevant issue