JSC BTA Bank v Ablyazov & Ors [2010] EWHC 90 (Comm) (28 January 2010)

JSC BTA Bank v Ablyazov & Ors [2010] EWHC 90 (Comm) (28 January 2010)

The risk of unjust and unlawful harm to third parties by disclosure to the Claimant was not established to a sufficient degree to justify withholding the information, and the Claimant's need to trace and preserve its proprietary claim outweighs speculative risks.

Citation
[2010] EWHC 90 (Comm)
Parties
Claimant: JSC BTA Bank; First Defendant: Mukhtar Ablyazov; Second Defendant: Roman Solodchenko; Third Defendant: Zhaksylik Zharimbetov; Fourth Defendant: Drey Associates Limited; Fifth Defendant: Anthony Edward Thomas Stroud; Sixth Defendant: John Dominic Wilson; Seventh Defendant: Sarah Juliet Wilson
Jurisdiction
England and Wales
Judgment Date
28 January 2010
Procedural Posture
Commercial Court Application / Interlocutory Application for Variation of Disclosure Restrictions
Outcome
Application granted
Legal Topics
Freezing Orders, Disclosure, Proprietary Claims, Risk of Harm From Disclosure, Costs
Civil Procedure Commercial Law Freezing Orders Disclosure Proprietary Claims Risk of Harm From Disclosure Costs

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Parties

JSC BTA Bank

Claimant

Mukhtar Ablyazov

First Defendant

Roman Solodchenko

Second Defendant

Zhaksylik Zharimbetov

Third Defendant

Drey Associates Limited

Fourth Defendant

Anthony Edward Thomas Stroud

Fifth Defendant

John Dominic Wilson

Sixth Defendant

Sarah Juliet Wilson

Seventh Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application for Variation of Disclosure Restrictions

Legal Issues

  1. 1 Whether to release the First Defendant's affidavit and exhibit from disclosure restrictions to the Claimant
  2. 2 Whether such disclosure poses an unacceptable risk of harm to third parties in Kazakhstan
  3. 3 Whether the application is misconceived or unnecessary

Ratio Decidendi

The risk of unjust and unlawful harm to third parties by disclosure to the Claimant was not established to a sufficient degree to justify withholding the information, and the Claimant's need to trace and preserve its proprietary claim outweighs speculative risks.

Court Disposition

Application granted

Orders

  • Restrictions on disclosure of the First Defendant's affidavit and exhibit MKA 1 lifted as sought by the Claimant
  • No limitation or redaction of company names required