JSC BTA Bank v Ablyazov & Ors

JSC BTA Bank v Ablyazov & Ors

The risk of unjust and unlawful harm to third parties by disclosure to the Claimant is not sufficient to justify preventing disclosure, especially given the proprietary nature of the Claimant's claim and absence of evidence of harm following prior disclosures.

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 / Ruling on Application to Release Affidavit Information From Restrictions
Outcome
Application granted
Legal Topics
Freezing Orders, Disclosure of Information, Proprietary Claims, Costs
Civil Procedure Banking Law Freezing Orders Disclosure of Information Proprietary Claims 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 / Ruling on Application to Release Affidavit Information From Restrictions

Legal Issues

  1. 1 Whether information disclosed by the First Defendant under a Freezing Order should be released from restrictions to the Claimant
  2. 2 Whether such disclosure poses unacceptable risks to third parties in Kazakhstan
  3. 3 Whether the Claimant's application is misconceived or unnecessary

Ratio Decidendi

The risk of unjust and unlawful harm to third parties by disclosure to the Claimant is not sufficient to justify preventing disclosure, especially given the proprietary nature of the Claimant's claim and absence of evidence of harm following prior disclosures.

Court Disposition

Application granted

Orders

  • Information in the First Defendant’s affidavit and exhibit MKA 1 released from restrictions and may be disclosed to the Claimant
  • No limitation on individuals within the Claimant to whom information may be disclosed