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; cross-examination is a just and necessary alternative, and should occur before the return date to avoid unfairness to the claimants.

Source-derived case information.

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

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Parties

JSC BTA Bank

Applicant/claimant

Mukhtar Ablyazov

First Respondent/defendant

Ors

Respondents/defendants

Procedural Posture

Application in Ongoing Civil Proceedings / Interlocutory Application for Cross Examination Order

Legal Issues

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

Ratio Decidendi

The affidavits provided by the first defendant are inadequate for the purpose of enabling the claimants to police the freezing order; cross-examination is a just and necessary alternative, and should occur before the return date to avoid unfairness to the claimants.

Court Disposition

Application granted

Orders

  • First defendant to attend for cross-examination on affidavits as to assets and Schedule C answers on 27 October 2009
  • Defendant to pay costs of this application on the standard basis