PJSC National Bank Trust & Anor v Mints & Ors [2022] EWHC 1132 (Comm) (13 May 2022)

PJSC National Bank Trust & Anor v Mints & Ors [2022] EWHC 1132 (Comm) (13 May 2022)

Deductions to Respondents' costs are justified for unsatisfactory witness statements and for pursuing the Gleeson v Wippell argument, which was disproportionate and unnecessary at first instance. Interim payments are set at levels reflecting reasonable recoverable costs, not the full amounts claimed.

Citation
[2022] EWHC 1132 (Comm)
Parties
Claimant/applicant: PJSC National Bank Trust; Claimant/applicant: PJSC Bank Otkritie Financial Corporation; Defendant/respondent: Boris Mints; Defendant/respondent: Dmitry Mints; Defendant/respondent: Alexander Mints; Defendant/respondent: Igor Mints; Defendant/respondent: Vadim Belyaev; Defendant/respondent: Evgeny Dankevich; Defendant/respondent: Mikhail Shishkhanov; Defendant/respondent: MaplesFS Ltd
Jurisdiction
England and Wales
Judgment Date
13 May 2022
Procedural Posture
Commercial Court Costs Ruling / Post Judgment, Costs Determination After Dismissal of Applications
Outcome
Costs awarded to Respondents with deductions; interim payments ordered.
Legal Topics
Costs Orders, Interim Payments, Proportionality of Costs, Sanctions Compliance
Civil Procedure Commercial Law Costs Orders Interim Payments Proportionality of Costs Sanctions Compliance

Case Brief

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Parties

PJSC National Bank Trust

Claimant/applicant

PJSC Bank Otkritie Financial Corporation

Claimant/applicant

Boris Mints

Defendant/respondent

Dmitry Mints

Defendant/respondent

Alexander Mints

Defendant/respondent

Igor Mints

Defendant/respondent

Vadim Belyaev

Defendant/respondent

Evgeny Dankevich

Defendant/respondent

Mikhail Shishkhanov

Defendant/respondent

MaplesFS Ltd

Defendant/respondent

Procedural Posture

Commercial Court Costs Ruling / Post Judgment, Costs Determination After Dismissal of Applications

Legal Issues

  1. 1 Whether deductions should be made from Respondents' costs recovery for unsuccessful arguments or unsatisfactory evidence
  2. 2 Appropriate amount for interim payments on account of costs

Ratio Decidendi

Deductions to Respondents' costs are justified for unsatisfactory witness statements and for pursuing the Gleeson v Wippell argument, which was disproportionate and unnecessary at first instance. Interim payments are set at levels reflecting reasonable recoverable costs, not the full amounts claimed.

Court Disposition

Costs awarded to Respondents with deductions; interim payments ordered.

Orders

  • Boris Mints (D1) awarded 90% of his costs of the applications.
  • Dmitry Mints and Alexander Mints (D2/D3) awarded 85% of their costs of the applications.