JSC BTA Bank v Ablyazov & Ors [2011] EWHC 2988 (Comm) (17 November 2011)

JSC BTA Bank v Ablyazov & Ors [2011] EWHC 2988 (Comm) (17 November 2011)

The long period required to effect service in Russia constituted good reason for extension of time, and this reason surmounted the limitation issues. There were sufficient grounds to believe the Second Defendant might avoid personal service in Russia and risk of prejudice to litigation, justifying alternative service.

Citation
[2011] EWHC 2988 (Comm)
Parties
Claimant: JSC BTA Bank; First Defendant: Mukhtar Ablyazov; Second Defendant: Ildar Gayarevich Khazhaev
Jurisdiction
England and Wales
Judgment Date
17 November 2011
Procedural Posture
Commercial Court Application / Application to Set Aside Order Extending Time for Service and Permitting Alternative Service
Outcome
Application to set aside order dismissed
Legal Topics
Extension of Time for Service, Alternative Service, Limitation Period, Fraud, Case Management
Civil Procedure Commercial Law Extension of Time for Service Alternative Service Limitation Period Fraud Case Management

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Parties

JSC BTA Bank

Claimant

Mukhtar Ablyazov

First Defendant

Ildar Gayarevich Khazhaev

Second Defendant

Procedural Posture

Commercial Court Application / Application to Set Aside Order Extending Time for Service and Permitting Alternative Service

Legal Issues

  1. 1 Whether there was good reason to extend time for service of the claim form
  2. 2 Whether there was good reason to permit alternative service on the Second Defendant
  3. 3 Whether the extension prejudiced limitation defences

Ratio Decidendi

The long period required to effect service in Russia constituted good reason for extension of time, and this reason surmounted the limitation issues. There were sufficient grounds to believe the Second Defendant might avoid personal service in Russia and risk of prejudice to litigation, justifying alternative service.

Court Disposition

Application to set aside order dismissed

Orders

  • Extension of validity of claim form until June 2013 upheld
  • Permission for alternative service on Olswang upheld