JSC Commercial Bank Privatbank v Igor Valeryevich Kolomoisky & Ors

JSC Commercial Bank Privatbank v Igor Valeryevich Kolomoisky & Ors

Permission to disclose schedules 4 and 5 to the BES is granted because special circumstances exist: the Ukrainian court order creates a strong possibility of compulsion, the information is already in the public domain, the public interest in investigating serious fraud outweighs the concern for collateral use, and no prejudice amounting to injustice to D1 or D2 is established. The GDPR does not bar the transfer as it is necessary for the establishment or exercise of legal claims.

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
18 July 2024
Procedural Posture
Civil (commercial) / Post Trial Application for Permission to Disclose Schedules to Foreign Criminal Authority
Outcome
Application granted
Legal Topics
Collateral Use Undertaking, Disclosure of Documents, Mutual Legal Assistance, GDPR Compliance
Civil Procedure International Cooperation Data Protection Collateral Use Undertaking Disclosure of Documents Mutual Legal Assistance GDPR Compliance

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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 (commercial) / Post Trial Application for Permission to Disclose Schedules to Foreign Criminal Authority

Legal Issues

  1. 1 Whether the claimant should be granted permission to disclose schedules 4 and 5 of its particulars of claim to the Ukrainian Bureau of Economic Security in compliance with a Ukrainian court order, despite a collateral use undertaking and data protection concerns.

Ratio Decidendi

Permission to disclose schedules 4 and 5 to the BES is granted because special circumstances exist: the Ukrainian court order creates a strong possibility of compulsion, the information is already in the public domain, the public interest in investigating serious fraud outweighs the concern for collateral use, and no prejudice amounting to injustice to D1 or D2 is established. The GDPR does not bar the transfer as it is necessary for the establishment or exercise of legal claims.

Court Disposition

Application granted

Orders

  • Permission is granted to JSC Commercial Bank Privatbank to disclose schedules 4 and 5 of its particulars of claim to the Ukrainian Bureau of Economic Security in compliance with the May Order.