Lyubov Andreevna Kireeva (As Trustee and Bankruptcy Manager of Georgy Ivanovich Bedzhamov) v Alina Zolotova & Anor

Lyubov Andreevna Kireeva (As Trustee and Bankruptcy Manager of Georgy Ivanovich Bedzhamov) v Alina Zolotova & Anor

The Recognition Defence and Collateral Purpose Plea were struck out as misconceived and without prospect of success; the Trustee's standing is established by the extant Recognition Order, and collateral purpose is not a bar in these proceedings. The Movables Defence, Sanctions Plea, and Maintenance and Champerty Plea were not struck out or summarily determined, as they raise fact-sensitive issues and potential abuse of process or public policy concerns that require trial.

Parties
Claimant/applicant: Lyubov Andreevna Kireeva; First Defendant/respondent: Alina Zolotova; Second Defendant: Basel Properties Limited
Jurisdiction
England and Wales
Judgment Date
13 November 2024
Procedural Posture
Civil (insolvency/trust/property) / Interlocutory Application for Strike Out And/or Summary Judgment
Outcome
Application partially allowed
Legal Topics
Recognition of Foreign Insolvency, Declaratory Relief, Sanctions, Maintenance and Champerty, Abuse of Process, Summary Judgment, Strike Out, Public Policy
Insolvency Trusts Property Civil Procedure Recognition of Foreign Insolvency Declaratory Relief Sanctions Maintenance and Champerty +4 more

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Parties

Lyubov Andreevna Kireeva

Claimant/applicant

Alina Zolotova

First Defendant/respondent

Basel Properties Limited

Second Defendant

Procedural Posture

Civil (insolvency/trust/property) / Interlocutory Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether certain paragraphs of the Defence should be struck out or summary judgment granted
  2. 2 Effect of recognition of Russian bankruptcy order on movable property in England
  3. 3 Standing of Trustee in light of discharge of petition debt

Ratio Decidendi

The Recognition Defence and Collateral Purpose Plea were struck out as misconceived and without prospect of success; the Trustee's standing is established by the extant Recognition Order, and collateral purpose is not a bar in these proceedings. The Movables Defence, Sanctions Plea, and Maintenance and Champerty Plea were not struck out or summarily determined, as they raise fact-sensitive issues and potential abuse of process or public policy concerns that require trial.

Court Disposition

Application partially allowed

Orders

  • Strike out of Recognition Defence and Collateral Purpose Plea from Defence
  • Movables Defence, Sanctions Plea, and Maintenance and Champerty Plea to proceed to trial