Koldyreva v Motylev & Ors [2020] EWHC 3083 (Ch) (11 September 2020)

Koldyreva v Motylev & Ors [2020] EWHC 3083 (Ch) (11 September 2020)

There is a good arguable case for recognition at common law of the Russian bankruptcy judgment and appointment of the intended claimant as manager, as Mr. Motylev submitted to the jurisdiction of the Russian courts. There is a real risk of dissipation of assets by Mr. Motylev, justifying a worldwide freezing order....

Source-derived case information.

Citation
[2020] EWHC 3083 (Ch)
Parties
Intended Claimant: Anastasia Vladimirovna Koldyreva; Intended Defendant: Anatoly Leonidovich Motylev; Defendant (norwich Pharmacal): Coutts & Co; Defendant (norwich Pharmacal): Altus Investment Management Ltd; Defendant (norwich Pharmacal): Centtrip Limited; Defendant (norwich Pharmacal): Stuart Pierson
Jurisdiction
England and Wales
Judgment Date
11 September 2020
Procedural Posture
Civil (business and Property Courts, Chancery Division) / Interlocutory Applications (ex Parte, Without Notice) for Worldwide Freezing Order, Passport Surrender Order, and Norwich Pharmacal Orders
Outcome
Worldwide freezing order, passport surrender order, and Norwich Pharmacal orders granted (in principle) against specified respondents.
Legal Topics
Recognition of Foreign Insolvency Proceedings, Worldwide Freezing Injunctions, Norwich Pharmacal Relief, Risk of Dissipation, Cross Border Asset Recovery
Insolvency Civil Procedure Banking Law Recognition of Foreign Insolvency Proceedings Worldwide Freezing Injunctions Norwich Pharmacal Relief Risk of Dissipation Cross Border Asset Recovery

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Parties

Anastasia Vladimirovna Koldyreva

Intended Claimant

Anatoly Leonidovich Motylev

Intended Defendant

Coutts & Co

Defendant (norwich Pharmacal)

Altus Investment Management Ltd

Defendant (norwich Pharmacal)

Centtrip Limited

Defendant (norwich Pharmacal)

Stuart Pierson

Defendant (norwich Pharmacal)

Procedural Posture

Civil (business and Property Courts, Chancery Division) / Interlocutory Applications (ex Parte, Without Notice) for Worldwide Freezing Order, Passport Surrender Order, and Norwich Pharmacal Orders

Legal Issues

  1. 1 Whether the English court should grant a worldwide freezing order in support of recognition of a Russian bankruptcy judgment and anticipated concurrent English bankruptcy proceedings
  2. 2 Whether a passport surrender order is justified to prevent frustration of the freezing order and disclosure obligations
  3. 3 Whether Norwich Pharmacal orders should be granted against third parties allegedly mixed up in the dissipation of assets

Ratio Decidendi

There is a good arguable case for recognition at common law of the Russian bankruptcy judgment and appointment of the intended claimant as manager, as Mr. Motylev submitted to the jurisdiction of the Russian courts. There is a real risk of dissipation of assets by Mr. Motylev, justifying a worldwide freezing order. The balance of convenience favours granting the relief. The requirements for Norwich Pharmacal orders are met as the third-party respondents are more than mere bystanders and are likely to have relevant information. A passport surrender order is necessary and proportionate to prevent frustration of the freezing order and disclosure obligations.

Court Disposition

Worldwide freezing order, passport surrender order, and Norwich Pharmacal orders granted (in principle) against specified respondents.

Orders

  • Worldwide freezing order against Anatoly Leonidovich Motylev
  • Passport surrender order against Anatoly Leonidovich Motylev (pending form of order)