Ziyavudin Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors

Ziyavudin Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors

The application to reopen the refusal of permission to appeal was dismissed because the appellate judge had sufficiently grappled with all essential grounds, no exceptional error or failure undermining the integrity of the process was identified, and there was no powerful probability that a different result would have been reached. The applicants' complaints were found to be challenges to the correctness of the decision rather than to the integrity of the process, and the requirements of CPR 52.30 were not met.

Parties
Claimants/appellants: Ziyavudin Magomedov & Ors; Defendants/respondents: TPG Group Holdings (SBS), LP & Ors
Jurisdiction
England and Wales
Judgment Date
30 April 2026
Procedural Posture
Civil Appeal / Application to Reopen Refusal of Permission to Appeal Under CPR 52.30
Outcome
Application dismissed
Legal Topics
Jurisdiction, Unlawful Means Conspiracy, Summary Judgment, Strike Out Applications, Fair Presentation Duty, Permission to Appeal, Abuse of Process
Civil Procedure Commercial Law Tort Law Jurisdiction Unlawful Means Conspiracy Summary Judgment Strike Out Applications Fair Presentation Duty +2 more

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Parties

Ziyavudin Magomedov & Ors

Claimants/appellants

TPG Group Holdings (SBS), LP & Ors

Defendants/respondents

Procedural Posture

Civil Appeal / Application to Reopen Refusal of Permission to Appeal Under CPR 52.30

Legal Issues

  1. 1 Whether the Court of Appeal should reopen the refusal of permission to appeal under CPR 52.30
  2. 2 Whether the appellate judge failed to grapple with the grounds of appeal or made an exceptional error undermining the integrity of the process
  3. 3 Whether there was a breach of the duty of fair presentation in ex parte applications for service out of jurisdiction

Ratio Decidendi

The application to reopen the refusal of permission to appeal was dismissed because the appellate judge had sufficiently grappled with all essential grounds, no exceptional error or failure undermining the integrity of the process was identified, and there was no powerful probability that a different result would have been reached. The applicants' complaints were found to be challenges to the correctness of the decision rather than to the integrity of the process, and the requirements of CPR 52.30 were not met.

Court Disposition

Application dismissed

Orders

  • The application to reopen the PTA Decision is dismissed.