Vneshprombank LLC v Bedzhamov & Ors

Vneshprombank LLC v Bedzhamov & Ors

The payment to Fenton Whelan is in the ordinary and proper course of business, is commercially sensible, and there is no credible evidence of conspiracy or impropriety. The freezing order does not prohibit the payment, and the court will not second-guess the bona fide commercial judgment of the first defendant in these circumstances.

Parties
Claimant / Respondent: Vneshprombank LLC; First Defendant / Applicant: Georgy Ivanovich Bedzhamov; Second Defendant: Unifleet Technology Limited; Third Defendant: Persons Unknown; Non Cause of Action Defendant / Respondent: Basel Properties Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Civil (freezing Order Variation Application) / Interlocutory Application for Variation/clarification of Worldwide Freezing Order
Outcome
Application granted
Legal Topics
Freezing Injunctions, Variation of Court Orders, Asset Preservation, Planning Permission, Developer Fees
Civil Procedure Commercial Law Freezing Injunctions Variation of Court Orders Asset Preservation Planning Permission Developer Fees

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Parties

Vneshprombank LLC

Claimant / Respondent

Georgy Ivanovich Bedzhamov

First Defendant / Applicant

Unifleet Technology Limited

Second Defendant

Persons Unknown

Third Defendant

Basel Properties Limited

Non Cause of Action Defendant / Respondent

Procedural Posture

Civil (freezing Order Variation Application) / Interlocutory Application for Variation/clarification of Worldwide Freezing Order

Legal Issues

  1. 1 Whether the worldwide freezing order permits payment of £341,680 to Fenton Whelan for development fees
  2. 2 Whether such payment is in the ordinary and proper course of business under the terms of the freezing order

Ratio Decidendi

The payment to Fenton Whelan is in the ordinary and proper course of business, is commercially sensible, and there is no credible evidence of conspiracy or impropriety. The freezing order does not prohibit the payment, and the court will not second-guess the bona fide commercial judgment of the first defendant in these circumstances.

Court Disposition

Application granted

Orders

  • Declaration that the worldwide freezing order permits payment of £341,680 to Fenton Whelan for development fees from the proceeds held by Mishcon de Reya LLP
  • Time for service of the application is abridged