WWRT Limited v Serhiy Tyshchenko & Anor.

WWRT Limited v Serhiy Tyshchenko & Anor.

WWRT failed to establish that Mrs Tyshchenko's breaches were serious, deliberate, or material to the enforcement of a judgment. Most breaches were minor, technical, or excusable, and there was no evidence of substantial assets being concealed or of conduct justifying debarring or an unless order. The court found Mrs Tyshchenko had made genuine efforts to comply, and any failures did not warrant the sanctions sought.

Parties
Claimant: WWRT Limited; First Defendant: Serhiy Tyshchenko; Second Defendant: Olena Tyshchenko
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Application for Debarring Order or Unless Order
Outcome
Application dismissed
Legal Topics
Debarring Orders, Unless Orders, Freezing Orders, Disclosure Obligations, Bankruptcy Proceedings
Civil Procedure Asset Freezing Bankruptcy Debarring Orders Unless Orders Freezing Orders Disclosure Obligations Bankruptcy Proceedings

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Parties

WWRT Limited

Claimant

Serhiy Tyshchenko

First Defendant

Olena Tyshchenko

Second Defendant

Procedural Posture

Civil / Application for Debarring Order or Unless Order

Legal Issues

  1. 1 Whether Mrs Tyshchenko should be debarred from defending the claim for alleged breaches of freezing and disclosure orders
  2. 2 Whether an unless order should be issued as an alternative to debarring
  3. 3 Whether the breaches alleged justify the sanctions sought

Ratio Decidendi

WWRT failed to establish that Mrs Tyshchenko's breaches were serious, deliberate, or material to the enforcement of a judgment. Most breaches were minor, technical, or excusable, and there was no evidence of substantial assets being concealed or of conduct justifying debarring or an unless order. The court found Mrs Tyshchenko had made genuine efforts to comply, and any failures did not warrant the sanctions sought.

Court Disposition

Application dismissed

Orders

  • WWRT's application for a debarring order or unless order is dismissed.
  • Further submissions invited on revision of the freezing and cross-examination orders.