JSC BTA Bank v Ablyazov & Ors

JSC BTA Bank v Ablyazov & Ors

There was good reason to extend time for service due to the long period required for service in Russia, and the Claimant's steps to prepare for service, even though there was some delay. The limitation issues did not outweigh the justification for extension. There was also good reason for alternative service, given the risk the Second Defendant would not accept service in Russia and the need to avoid undue delay in multi-defendant proceedings.

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 Civil Action / Application to Set Aside Order Extending Time for Service and Permitting Alternative Service
Outcome
Application to set aside dismissed
Legal Topics
Extension of Time for Service, Alternative Service, Limitation Periods, Service Out of Jurisdiction
Civil Procedure Commercial Law Extension of Time for Service Alternative Service Limitation Periods Service Out of Jurisdiction

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Parties

JSC BTA Bank

Claimant

Mukhtar Ablyazov

First Defendant

Ildar Gayarevich Khazhaev

Second Defendant

Procedural Posture

Commercial Court Civil Action / 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 under CPR 7.6(2)
  2. 2 Whether there was good reason to permit alternative service under CPR 6.15
  3. 3 Whether the extension of time would prejudice limitation defences

Ratio Decidendi

There was good reason to extend time for service due to the long period required for service in Russia, and the Claimant's steps to prepare for service, even though there was some delay. The limitation issues did not outweigh the justification for extension. There was also good reason for alternative service, given the risk the Second Defendant would not accept service in Russia and the need to avoid undue delay in multi-defendant proceedings.

Court Disposition

Application to set aside dismissed

Orders

  • Application to set aside the order of Christopher Clarke J. dated 21 June 2011 is dismissed
  • Order extending validity of claim form until June 2013 and permitting alternative service on Olswang stands