JSC VTB Bank v Skurikhin & Anor

JSC VTB Bank v Skurikhin & Anor

The court has discretion to order further disclosure where necessary to make a freezing injunction effective, particularly where the injunction expressly covers interests in English LLPs and there is evidence of complex structures potentially used to shield assets. The court found a sufficient nexus between the relief sought and the jurisdiction, justifying further disclosure from Mr. Skurikhin regarding his interests in the Foundation, the Settlement, and related entities. Permission to enforce the freezing order in Italy was granted as just and convenient under the Dadourian Guidelines, but refused for Cyprus as the relief sought was overbroad and not justified at this stage.

Parties
Claimant: JSC VTB Bank; First Defendant: Pavel Valerjevich Skurikhin; Second Defendant: Pikeville Investments LLP; Third Defendant: Perchwell Holdings LLP
Jurisdiction
England and Wales
Judgment Date
08 November 2012
Procedural Posture
Interlocutory Application in Commercial Proceedings / Ruling on Applications for Further Disclosure and Permission to Enforce Freezing Orders
Outcome
Partial grant of applications
Legal Topics
Freezing Injunctions, Asset Disclosure, Enforcement of Foreign Judgments, Interim Relief, Jurisdiction, Trust and Beneficial Ownership, Corporate Structures

Case Brief

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Parties

JSC VTB Bank

Claimant

Pavel Valerjevich Skurikhin

First Defendant

Pikeville Investments LLP

Second Defendant

Perchwell Holdings LLP

Third Defendant

Procedural Posture

Interlocutory Application in Commercial Proceedings / Ruling on Applications for Further Disclosure and Permission to Enforce Freezing Orders

  1. 1 Whether further disclosure should be ordered against Mr. Skurikhin regarding his interests in trusts and companies related to the dispute
  2. 2 Whether VTB should be permitted to enforce the English freezing order in Italy and Cyprus
  3. 3 Whether the scope of disclosure should extend beyond the assets covered by the freezing order

Ratio Decidendi

The court has discretion to order further disclosure where necessary to make a freezing injunction effective, particularly where the injunction expressly covers interests in English LLPs and there is evidence of complex structures potentially used to shield assets. The court found a sufficient nexus between the relief sought and the jurisdiction, justifying further disclosure from Mr. Skurikhin regarding his interests in the Foundation, the Settlement, and related entities. Permission to enforce the freezing order in Italy was granted as just and convenient under the Dadourian Guidelines, but refused for Cyprus as the relief sought was overbroad and not justified at this stage.

Court Disposition

Partial grant of applications

Orders

  • Further disclosure ordered against Mr. Skurikhin regarding the Foundation, the Settlement, Miccros, and his prior interests in Pikeville, limited to specified information.
  • Application for further disclosure against Perchwell refused.