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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether further disclosure should be ordered against Mr. Skurikhin regarding his interests in trusts and companies related to the dispute
- 2 Whether VTB should be permitted to enforce the English freezing order in Italy and Cyprus
- 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.
Full Case Text
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