JSC BTA Bank v Solodchenko & Ors

JSC BTA Bank v Solodchenko & Ors

Given the inadequacy of the 17th defendant's disclosure, the evidence suggesting he has further relevant knowledge, and the urgency and scale of the alleged fraud, it is just and convenient to order his cross-examination to ensure compliance with the disclosure order.

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
Civil (chancery Division) / Interlocutory Application for Cross Examination on Compliance With Disclosure Order
Outcome
Application granted
Legal Topics
Norwich Pharmacal Orders, Bankers Trust Jurisdiction, Freezing Injunctions, Disclosure Orders, Cross Examination on Affidavits, Tracing of Assets
Civil Procedure Asset Recovery Fraud Norwich Pharmacal Orders Bankers Trust Jurisdiction Freezing Injunctions Disclosure Orders Cross Examination on Affidavits +1 more

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Parties

JSC BTA Bank

Claimant/applicant

Roman Vladimirovich Solodchenko and Others

Defendants

Anatoly Ereshchenko

17th Defendant/respondent

Procedural Posture

Civil (chancery Division) / Interlocutory Application for Cross Examination on Compliance With Disclosure Order

Legal Issues

  1. 1 Whether the 17th defendant should be ordered to attend for cross-examination regarding compliance with a disclosure order
  2. 2 Whether the existing disclosure by the 17th defendant is adequate
  3. 3 Whether cross-examination is just and convenient in the circumstances

Ratio Decidendi

Given the inadequacy of the 17th defendant's disclosure, the evidence suggesting he has further relevant knowledge, and the urgency and scale of the alleged fraud, it is just and convenient to order his cross-examination to ensure compliance with the disclosure order.

Court Disposition

Application granted

Orders

  • The 17th defendant, Anatoly Ereshchenko, is ordered to attend for cross-examination on his compliance with the disclosure order.
  • Cross-examination to take place on the first available date after 9 May 2011 convenient to the parties and their counsel.