PJSC Commercial Bank Privatbank v Kolomoisky & Ors

PJSC Commercial Bank Privatbank v Kolomoisky & Ors

Permission to appeal is granted only on the jurisdiction and stay issues due to arguable points of law. Permission is refused on quantum, non-disclosure, and adequacy of reasons as there is no realistic prospect of success. The injunction is to be discharged, but a short-term stay is granted pending any application to the Court of Appeal. Costs are awarded to the defendants on an indemnity basis due to the claimant’s abuse of process and material non-disclosure. Interim payments of costs are ordered in specified amounts.

Parties
Claimant: PJSC Commercial Bank Privatbank; First Defendant: Igor Valeryevich Kolomoisky; Second Defendant: Gennadiy Borisovich Bogolyubov; Third Defendant: Teamtrend Limited; Fourth Defendant: Trade Point Agro Limited; Fifth Defendant: Collyer Limited; Sixth Defendant: Rossyn Investing Corp; Seventh Defendant: Milbert Ventures Inc.; Eighth Defendant: ZAO Ukrtransitservice Limited
Jurisdiction
England and Wales
Judgment Date
23 November 2018
Procedural Posture
Civil (commercial/banking) / Application for Permission to Appeal and Costs Determination
Outcome
Permission to appeal granted in part; costs awarded to defendants on indemnity basis; interim payments ordered; short-term stay of injunction discharge granted.
Legal Topics
Jurisdiction, Freezing Injunctions, Costs, Non Disclosure, Abuse of Process
Civil Procedure Banking Law International Law Jurisdiction Freezing Injunctions Costs Non Disclosure Abuse of Process

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Parties

PJSC Commercial Bank Privatbank

Claimant

Igor Valeryevich Kolomoisky

First Defendant

Gennadiy Borisovich Bogolyubov

Second Defendant

Teamtrend Limited

Third Defendant

Trade Point Agro Limited

Fourth Defendant

Collyer Limited

Fifth Defendant

Rossyn Investing Corp

Sixth Defendant

Milbert Ventures Inc.

Seventh Defendant

ZAO Ukrtransitservice Limited

Eighth Defendant

Procedural Posture

Civil (commercial/banking) / Application for Permission to Appeal and Costs Determination

Legal Issues

  1. 1 Whether permission to appeal should be granted on jurisdiction and stay issues
  2. 2 Whether permission to appeal should be granted on quantum, non-disclosure, and adequacy of reasons
  3. 3 Whether a stay of discharge of the injunction should be granted pending appeal

Ratio Decidendi

Permission to appeal is granted only on the jurisdiction and stay issues due to arguable points of law. Permission is refused on quantum, non-disclosure, and adequacy of reasons as there is no realistic prospect of success. The injunction is to be discharged, but a short-term stay is granted pending any application to the Court of Appeal. Costs are awarded to the defendants on an indemnity basis due to the claimant’s abuse of process and material non-disclosure. Interim payments of costs are ordered in specified amounts.

Court Disposition

Permission to appeal granted in part; costs awarded to defendants on indemnity basis; interim payments ordered; short-term stay of injunction discharge granted.

Orders

  • Permission to appeal granted on jurisdiction and stay issues only.
  • Permission to appeal refused on quantum, non-disclosure, and adequacy of reasons.