JSC BTA Bank v Solodchenko & Ors [2011] EWHC 843 (Ch) (05 April 2011)

JSC BTA Bank v Solodchenko & Ors [2011] EWHC 843 (Ch) (05 April 2011)

Given the inadequacy of Ereshchenko's disclosure, evidence suggesting he has relevant knowledge, the urgency of asset recovery, and the lack of alternative sources, it is just and convenient to order his cross-examination on compliance with the disclosure order, subject to procedural safeguards.

Citation
[2011] EWHC 843 (Ch)
Parties
Claimant/applicant: JSC BTA Bank; Defendants: Roman Vladimirovich Solodchenko and Others; 17th Defendant/respondent: Anatoly Ereshchenko
Jurisdiction
England and Wales
Judgment Date
05 April 2011
Procedural Posture
Chancery Division Civil Claim (asset Tracing/fraud) / Interlocutory Application for Cross Examination on Disclosure Compliance
Outcome
Application granted
Legal Topics
Norwich Pharmacal Orders, Bankers Trust Jurisdiction, Freezing Injunctions, Disclosure Orders, Cross Examination on Affidavits, Proprietary Claims, Committal Proceedings
Civil Procedure Fraud Asset Tracing Equity Norwich Pharmacal Orders Bankers Trust Jurisdiction Freezing Injunctions Disclosure Orders +3 more

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Parties

JSC BTA Bank

Claimant/applicant

Roman Vladimirovich Solodchenko and Others

Defendants

Anatoly Ereshchenko

17th Defendant/respondent

Procedural Posture

Chancery Division Civil Claim (asset Tracing/fraud) / Interlocutory Application for Cross Examination on Disclosure Compliance

Legal Issues

  1. 1 Whether the 17th Defendant should be ordered to attend for cross-examination regarding compliance with a disclosure order under Norwich Pharmacal/Bankers Trust jurisdiction
  2. 2 Whether cross-examination is just and convenient in the circumstances

Ratio Decidendi

Given the inadequacy of Ereshchenko's disclosure, evidence suggesting he has relevant knowledge, the urgency of asset recovery, and the lack of alternative sources, it is just and convenient to order his cross-examination on compliance with the disclosure order, subject to procedural safeguards.

Court Disposition

Application granted

Orders

  • Ereshchenko to attend for cross-examination on his disclosure compliance at the earliest convenient date after 9 May 2011.
  • Cross-examination limited to compliance with the disclosure order, not merits of the action.