JSC BTA Bank v Mukhtar Ablyazov & Ors [2009] EWHC 2833 (QB) (16 October 2009)

JSC BTA Bank v Mukhtar Ablyazov & Ors [2009] EWHC 2833 (QB) (16 October 2009)

The affidavits provided by the first defendant are inadequate for the purpose of enabling the claimants to police the freezing order; it is just and convenient to order cross-examination before the return date to ensure compliance and provide necessary information.

Citation
[2009] EWHC 2833
Parties
Applicant/claimant: JSC BTA Bank; Respondent/defendant: Mukhtar Ablyazov; Respondents/defendants: Others
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Application in Ongoing Proceedings / Interlocutory Application for Cross Examination Order
Outcome
Application granted
Legal Topics
Mareva Injunction, Cross Examination of Affidavits, Freezing Order, Disclosure of Assets
Civil Procedure Mareva Injunction Cross Examination of Affidavits Freezing Order Disclosure of Assets

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Parties

JSC BTA Bank

Applicant/claimant

Mukhtar Ablyazov

Respondent/defendant

Others

Respondents/defendants

Procedural Posture

Application in Ongoing Proceedings / Interlocutory Application for Cross Examination Order

Legal Issues

  1. 1 Whether cross-examination of the first defendant on affidavits as to assets and Schedule C answers should be ordered
  2. 2 Whether the timing of cross-examination should be before or after the return date

Ratio Decidendi

The affidavits provided by the first defendant are inadequate for the purpose of enabling the claimants to police the freezing order; it is just and convenient to order cross-examination before the return date to ensure compliance and provide necessary information.

Court Disposition

Application granted

Orders

  • First defendant to attend for cross-examination on 27 October 2009
  • Defendant to pay costs of this application on the standard basis