JSC Commercial Bank “PrivatBank” v Igor Valeryevich Kolomoisky & Ors

JSC Commercial Bank “PrivatBank” v Igor Valeryevich Kolomoisky & Ors

Permission to amend is granted as the amendments are arguable and do not imperil the trial; the prejudice to the bank is not sufficient to refuse permission, but conditions are imposed to mitigate prejudice and mark disapproval of the first defendant's conduct.

Parties
Claimant: JSC 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 Ltd
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Commercial Civil Claim / Application for Permission to Amend Defence
Outcome
Permission to amend defence granted with conditions.
Legal Topics
Late Amendments, Currency of Claim, Foreign Proceedings, Costs Orders, Overriding Objective
Civil Procedure Commercial Law Late Amendments Currency of Claim Foreign Proceedings Costs Orders Overriding Objective

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Parties

JSC 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 Ltd

Eighth Defendant

Procedural Posture

Commercial Civil Claim / Application for Permission to Amend Defence

Legal Issues

  1. 1 Whether permission should be granted for late amendments to the defence regarding currency and Ukrainian proceedings
  2. 2 Whether conditions should be imposed for granting permission to amend

Ratio Decidendi

Permission to amend is granted as the amendments are arguable and do not imperil the trial; the prejudice to the bank is not sufficient to refuse permission, but conditions are imposed to mitigate prejudice and mark disapproval of the first defendant's conduct.

Court Disposition

Permission to amend defence granted with conditions.

Orders

  • Permission to amend defence granted except for specific wording in paragraph 83G.
  • First defendant to pay £600,000 into court as a condition.