PDVSA Servicios SA v Clyde & Co LLP & Ors

PDVSA Servicios SA v Clyde & Co LLP & Ors

There was no longer any live issue between POS and Clyde & Co regarding payments from the escrow account, as the NCA confirmed there was no POCA obstacle and the Malaysian order was varied to permit payment. Therefore, it was not desirable or necessary to join the NCA to the proceedings under CPR 19.2(2).

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
Civil (arbitration Related) / Interlocutory Application for Joinder of Third Party
Outcome
Application for joinder of the National Crime Agency refused; hearing of POS's application for a mandatory order vacated.
Legal Topics
Joinder of Parties, Proceeds of Crime Act (poca), Arbitration Enforcement, Injunctions, Prohibition Orders
Civil Procedure Arbitration Money Laundering Joinder of Parties Proceeds of Crime Act (poca) Arbitration Enforcement Injunctions Prohibition Orders

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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

Civil (arbitration Related) / Interlocutory Application for Joinder of Third Party

Legal Issues

  1. 1 Whether the National Crime Agency should be joined as a party to proceedings concerning payments from an escrow account in light of POCA and related orders
  2. 2 Whether the court has jurisdiction and should exercise discretion to join the NCA under CPR 19.2(2)

Ratio Decidendi

There was no longer any live issue between POS and Clyde & Co regarding payments from the escrow account, as the NCA confirmed there was no POCA obstacle and the Malaysian order was varied to permit payment. Therefore, it was not desirable or necessary to join the NCA to the proceedings under CPR 19.2(2).

Court Disposition

Application for joinder of the National Crime Agency refused; hearing of POS's application for a mandatory order vacated.

Orders

  • NCA not joined as a party to the proceedings.
  • Hearing of POS's application for a mandatory order vacated.