PJSC National Bank Trust & Anor v Boris Mints & Ors [2020] EWHC 3253 (Comm) (25 November 2020)

PJSC National Bank Trust & Anor v Boris Mints & Ors [2020] EWHC 3253 (Comm) (25 November 2020)

Permission to release the Claimants from the undertaking is granted because the Claimants and Bank Otkritie face a real risk of criminal liability and severe sanctions in Russia if they do not comply with the Russian Order. The court is satisfied that special circumstances exist, including compulsion under foreign law, the need to avoid grave injustice, and the public interest in international cooperation in fraud cases. The majority of the material is already in the public domain under CPR 31.22, and no significant injustice to the Defendants is identified. The balance of justice favours granting permission for disclosure to the Russian investigator.

Citation
[2020] EWHC 3253 (Comm)
Parties
Claimant: PJSC National Bank Trust; Claimant: PJSC Bank Otkritie Financial Corporation; First Defendant: Boris Mints; Second Defendant: Dmitry Mints; Third Defendant: Alexander Mints; Fourth Defendant: Igor Mints
Jurisdiction
England and Wales
Judgment Date
25 November 2020
Procedural Posture
Commercial Court Proceedings (worldwide Freezing Order and Asset Disclosure) / Interlocutory Application to Vary Undertaking / Permission to Disclose Asset Documents to Russian Authorities
Outcome
Application granted
Legal Topics
Release of Undertakings, Worldwide Freezing Orders, Asset Disclosure, Collateral Use of Disclosed Documents, International Judicial Cooperation, CPR 31.22
Civil Procedure International Law Banking Law Release of Undertakings Worldwide Freezing Orders Asset Disclosure Collateral Use of Disclosed Documents International Judicial Cooperation +1 more

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Parties

PJSC National Bank Trust

Claimant

PJSC Bank Otkritie Financial Corporation

Claimant

Boris Mints

First Defendant

Dmitry Mints

Second Defendant

Alexander Mints

Third Defendant

Igor Mints

Fourth Defendant

Procedural Posture

Commercial Court Proceedings (worldwide Freezing Order and Asset Disclosure) / Interlocutory Application to Vary Undertaking / Permission to Disclose Asset Documents to Russian Authorities

Legal Issues

  1. 1 Whether the Claimants should be released from an express undertaking not to use asset disclosure documents for purposes other than these proceedings, to permit compliance with a Russian criminal court order requiring disclosure to a Russian investigator.
  2. 2 Whether the requirements of CPR 31.22 and the principles for release of undertakings are satisfied in the circumstances.

Ratio Decidendi

Permission to release the Claimants from the undertaking is granted because the Claimants and Bank Otkritie face a real risk of criminal liability and severe sanctions in Russia if they do not comply with the Russian Order. The court is satisfied that special circumstances exist, including compulsion under foreign law, the need to avoid grave injustice, and the public interest in international cooperation in fraud cases. The majority of the material is already in the public domain under CPR 31.22, and no significant injustice to the Defendants is identified. The balance of justice favours granting permission for disclosure to the Russian investigator.

Court Disposition

Application granted

Orders

  • Claimants are permitted to disclose the asset disclosure documents and affidavits served and/or filed in these proceedings by the First to Third Defendants to the Russian criminal investigator in compliance with the Russian Order.
  • The release is limited to the extent necessary to comply with the Russian Order and does not extend to wider use of the documents.