JSC Commercial Bank Privatbank v Kolomoisky & Ors [2021] EWHC 1910 (Ch) (08 July 2021)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2021] EWHC 1910 (Ch) (08 July 2021)

The confidentiality club order should be discharged as its continuation would significantly interfere with the claimant's ability to prepare for trial, is no longer justified by evidence of real risk of harm, and the balance of fairness now favours full access to asset disclosure by the claimant.

Citation
[2021] EWHC 1910 (Ch)
Parties
Claimant: JSC Commercial Bank Privatbank; First Defendant: Igor Valeryevich Kolomoisky; Second Defendant: Gennadiy Borisovich Bogolyubov; Third Defendant: Teamtrend Limited; Fourth Defendant: Trade Point Agro Limited; Fifth Defendant: Collyer Limited; Sixth Defendant: Rossyn Investing Corp; Seventh Defendant: Milbert Ventures Inc; Eighth Defendant: ZAO Ukrtransitservice Ltd
Jurisdiction
England and Wales
Judgment Date
08 July 2021
Procedural Posture
Commercial Fraud Claim / Interlocutory Application Regarding Confidentiality Club Order
Outcome
Confidentiality club order discharged
Legal Topics
Freezing Orders, Confidentiality Clubs, Disclosure, Asset Control, Fraud
Civil Procedure Commercial Law Freezing Orders Confidentiality Clubs Disclosure Asset Control Fraud

Case Brief

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Parties

JSC Commercial Bank Privatbank

Claimant

Igor Valeryevich Kolomoisky

First Defendant

Gennadiy Borisovich Bogolyubov

Second Defendant

Teamtrend Limited

Third Defendant

Trade Point Agro Limited

Fourth Defendant

Collyer Limited

Fifth Defendant

Rossyn Investing Corp

Sixth Defendant

Milbert Ventures Inc

Seventh Defendant

ZAO Ukrtransitservice Ltd

Eighth Defendant

Procedural Posture

Commercial Fraud Claim / Interlocutory Application Regarding Confidentiality Club Order

Legal Issues

  1. 1 Whether the confidentiality club order should continue or be discharged
  2. 2 Appropriate scope and duration of confidentiality restrictions on asset disclosure
  3. 3 Balancing fairness and risk of harm in disclosure

Ratio Decidendi

The confidentiality club order should be discharged as its continuation would significantly interfere with the claimant's ability to prepare for trial, is no longer justified by evidence of real risk of harm, and the balance of fairness now favours full access to asset disclosure by the claimant.

Court Disposition

Confidentiality club order discharged

Orders

  • Confidentiality club order is set aside; claimant and its officers may access asset disclosure documents.
  • No continuation of confidentiality club or proposed confidentiality ring order.