PJSC National Bank Trust & Anor v Boris Mints & Ors

PJSC National Bank Trust & Anor v Boris Mints & Ors

Special circumstances exist because Claimants face an invidious position: either breach the English court undertaking or risk criminal sanctions under Russian law. Most asset disclosure material is already in the public domain. The release of the undertaking will not occasion injustice to Defendants, and furtherance of international cooperation in fraud investigation is a strong public policy factor. Accordingly, the Court grants release from the undertaking.

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 Application / Inter Partes Hearing on Urgent Application to Vary Undertaking
Outcome
Application granted
Legal Topics
Release of Undertakings, Worldwide Freezing Order, Asset Disclosure, International Comity, Collateral Use of Disclosed Documents
Civil Procedure International Law Banking Law Release of Undertakings Worldwide Freezing Order Asset Disclosure International Comity Collateral Use of Disclosed Documents

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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 Application / Inter Partes Hearing on Urgent Application to Vary Undertaking

Legal Issues

  1. 1 Whether the Claimants should be released from their undertaking not to use asset disclosure documents for purposes other than this claim
  2. 2 Whether special circumstances exist justifying release of the undertaking
  3. 3 Whether disclosure to Russian criminal authorities would occasion injustice to Defendants

Ratio Decidendi

Special circumstances exist because Claimants face an invidious position: either breach the English court undertaking or risk criminal sanctions under Russian law. Most asset disclosure material is already in the public domain. The release of the undertaking will not occasion injustice to Defendants, and furtherance of international cooperation in fraud investigation is a strong public policy factor. Accordingly, the Court grants release from the undertaking.

Court Disposition

Application granted

Orders

  • Claimants released from undertaking not to use asset disclosure documents for purposes other than this claim, to comply with Russian Order.
  • Claimants to redact Fourth Defendant's information before disclosure to Russian Investigator.