Fishman v Mangazeev [2024] EWHC 2558 (Ch) (03 October 2024)

Fishman v Mangazeev [2024] EWHC 2558 (Ch) (03 October 2024)

There is a serious issue to be tried as to whether the Deed of Settlement released the defendant from liabilities under the Loan Agreement; the defendant's conduct demonstrates a real risk of unjustifiable dissipation of assets within the jurisdiction; it is just and convenient to grant a freezing injunction limited to assets within the jurisdiction, including the Barclays bank funds and the Property, up to the value of the claim.

Citation
[2024] EWHC 2558 (Ch)
Parties
Claimant/applicant: Grigori Fishman; Defendant/respondent: Viktor Mangazeev
Jurisdiction
England and Wales
Judgment Date
03 October 2024
Procedural Posture
Application for Freezing Injunction / Post Hearing Judgment
Outcome
Freezing injunction granted in part
Legal Topics
Freezing Injunction, Repudiatory Breach, Loan Agreement, Asset Dissipation, Negative Pledge, Interpretation of Settlement Deeds
Commercial Law Contract Law Civil Procedure Freezing Injunction Repudiatory Breach Loan Agreement Asset Dissipation Negative Pledge +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Grigori Fishman

Claimant/applicant

Viktor Mangazeev

Defendant/respondent

Procedural Posture

Application for Freezing Injunction / Post Hearing Judgment

Legal Issues

  1. 1 Whether the Deed of Settlement released the defendant from liabilities under the Loan Agreement
  2. 2 Whether there is a real risk of unjustifiable dissipation of assets by the defendant
  3. 3 Whether it is just and convenient to grant a freezing injunction

Ratio Decidendi

There is a serious issue to be tried as to whether the Deed of Settlement released the defendant from liabilities under the Loan Agreement; the defendant's conduct demonstrates a real risk of unjustifiable dissipation of assets within the jurisdiction; it is just and convenient to grant a freezing injunction limited to assets within the jurisdiction, including the Barclays bank funds and the Property, up to the value of the claim.

Court Disposition

Freezing injunction granted in part

Orders

  • Defendant to provide undertakings regarding the Property and shares in Wadjet Limited, subject to solicitor confirmation and personal signature.
  • Injunction freezing £5.95 million in Barclays bank account on standard and bespoke terms.