JSC Commercial Bank Privatbank v Kolomoisky & Ors [2024] EWHC 1837 (Ch) (15 July 2024)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2024] EWHC 1837 (Ch) (15 July 2024)

Special circumstances exist justifying release from the collateral use undertaking: the Bank faces a real risk of conflicting legal obligations due to the Ukrainian May Order, the information in the schedules is already substantially in the public domain, the public interest in investigating serious fraud is strong, and no prejudice amounting to injustice to D1 or D2 is established. The GDPR does not prohibit the transfer as derogations for public interest and legal claims apply. The absence of a mutual legal assistance request does not outweigh these factors.

Citation
[2024] EWHC 1837 (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
15 July 2024
Procedural Posture
Civil (chancery Division) / Post Trial, Pre Judgment, Application for Permission to Disclose Documents
Outcome
Application granted
Legal Topics
Collateral Use of Disclosure, Mutual Legal Assistance, Confidentiality Undertakings, Public Domain Exception, GDPR International Transfers
Civil Procedure International Law Data Protection Collateral Use of Disclosure Mutual Legal Assistance Confidentiality Undertakings Public Domain Exception GDPR International Transfers

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 4 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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 (chancery Division) / Post Trial, Pre Judgment, Application for Permission to Disclose Documents

Legal Issues

  1. 1 Whether the claimant should be released from a collateral use undertaking to permit disclosure of confidential schedules to a Ukrainian criminal authority
  2. 2 Whether the May Order from Ukraine creates sufficient compulsion to justify release
  3. 3 Whether disclosure is compatible with the GDPR

Ratio Decidendi

Special circumstances exist justifying release from the collateral use undertaking: the Bank faces a real risk of conflicting legal obligations due to the Ukrainian May Order, the information in the schedules is already substantially in the public domain, the public interest in investigating serious fraud is strong, and no prejudice amounting to injustice to D1 or D2 is established. The GDPR does not prohibit the transfer as derogations for public interest and legal claims apply. The absence of a mutual legal assistance request does not outweigh these factors.

Court Disposition

Application granted

Orders

  • Permission granted for the Bank to disclose schedules 4 and 5 of its particulars of claim to the Ukrainian Bureau of Economic Security pursuant to the May Order.
  • Release of the Bank from the collateral use undertaking in respect of these schedules for the purpose of compliance with the May Order.