Kovarska v Otkritie International Investment Management Ltd & Ors [2017] EWCA Civ 1485 (11 October 2017)

Kovarska v Otkritie International Investment Management Ltd & Ors [2017] EWCA Civ 1485 (11 October 2017)

The court was misled by serious misrepresentations and non-disclosures by Ms Kovarska or her legal representatives regarding her ability to appeal in time, the availability and timing of new evidence, and her financial position. Had the true facts been disclosed, no extension of time or permission to appeal would have been granted. The ex parte order was therefore set aside under CPR 52.9 and CPR 3.7.

Citation
[2017] EWCA Civ 1485
Parties
Appellant/defendant: Maria Kovarska; Respondents/claimants: Otkritie International Investment Management Limited and Others
Jurisdiction
England and Wales
Judgment Date
11 October 2017
Procedural Posture
Civil Appeal / Application to Set Aside Ex Parte Order Granting Extension of Time and Permission to Appeal
Outcome
Order granting extension of time and permission to appeal set aside; application for permission to appeal dismissed.
Legal Topics
Extension of Time to Appeal, Permission to Appeal, Non Disclosure and Misrepresentation, Freezing Orders, Enforcement of Judgments
Civil Procedure Fraud Asset Recovery Extension of Time to Appeal Permission to Appeal Non Disclosure and Misrepresentation Freezing Orders Enforcement of Judgments

Case Brief

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Parties

Maria Kovarska

Appellant/defendant

Otkritie International Investment Management Limited and Others

Respondents/claimants

Procedural Posture

Civil Appeal / Application to Set Aside Ex Parte Order Granting Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the appellant misled the court by misrepresentation and non-disclosure in her application for extension of time and permission to appeal
  2. 2 Whether the ex parte order granting extension of time and permission to appeal should be set aside under CPR 52.9 and/or CPR 3.7
  3. 3 Whether there was a real prospect of success on the proposed grounds of appeal

Ratio Decidendi

The court was misled by serious misrepresentations and non-disclosures by Ms Kovarska or her legal representatives regarding her ability to appeal in time, the availability and timing of new evidence, and her financial position. Had the true facts been disclosed, no extension of time or permission to appeal would have been granted. The ex parte order was therefore set aside under CPR 52.9 and CPR 3.7.

Court Disposition

Order granting extension of time and permission to appeal set aside; application for permission to appeal dismissed.

Orders

  • The ex parte order of 21 November 2016 is set aside in its entirety.
  • Ms Kovarska's application for permission to appeal is dismissed.