PDVSA Servicios SA v Clyde & Co LLP & Ors [2020] EWHC 2322 (Ch) (26 August 2020)

PDVSA Servicios SA v Clyde & Co LLP & Ors [2020] EWHC 2322 (Ch) (26 August 2020)

Joinder of the NCA was refused because, by the time of the hearing, there was no longer any issue between POS and Clyde & Co requiring the NCA's participation. The NCA had clarified that there were no POCA obstacles to payment, and the Malaysian order had been varied to permit the payments. There was no justiciable...

Source-derived case information.

Citation
[2020] EWHC 2322 (Ch)
Parties
Claimant: PDVSA Servicios S.A.; First Defendant: Clyde & Co LLP; Second Defendant: Petrosaudi Oil Services (Venezuela) Limited; Proposed Third Defendant: The National Crime Agency
Jurisdiction
England and Wales
Judgment Date
26 August 2020
Procedural Posture
Application for Joinder in Civil Proceedings (chancery Division) / Interlocutory Application for Joinder of Third Party
Outcome
Application for joinder of the National Crime Agency refused.
Legal Topics
Joinder of Parties, Mandatory Orders, Proceeds of Crime Act 2002 (poca), Arbitration Enforcement, Confidentiality in Arbitration, Prohibition Orders
Civil Procedure Arbitration Injunctions Money Laundering Joinder of Parties Mandatory Orders Proceeds of Crime Act 2002 (poca) Arbitration Enforcement +2 more

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Parties

PDVSA Servicios S.A.

Claimant

Clyde & Co LLP

First Defendant

Petrosaudi Oil Services (Venezuela) Limited

Second Defendant

The National Crime Agency

Proposed Third Defendant

Procedural Posture

Application for Joinder in Civil Proceedings (chancery Division) / Interlocutory Application for Joinder of Third Party

Legal Issues

  1. 1 Whether the National Crime Agency should be joined as a party to proceedings under CPR 19.2(2)
  2. 2 Whether the NCA's position on POCA consent and prohibition orders necessitates its joinder
  3. 3 Whether there is a justiciable issue between POS and the NCA connected to the matters in dispute

Ratio Decidendi

Joinder of the NCA was refused because, by the time of the hearing, there was no longer any issue between POS and Clyde & Co requiring the NCA's participation. The NCA had clarified that there were no POCA obstacles to payment, and the Malaysian order had been varied to permit the payments. There was no justiciable issue between POS and the NCA connected to the matters in dispute in these proceedings, and any issues regarding prohibition orders were for determination in the Queen's Bench Division, not in this forum.

Court Disposition

Application for joinder of the National Crime Agency refused.

Orders

  • Hearing of POS's application for a mandatory order vacated.
  • Written submissions on costs of the joinder application to be received.