JSC BTA Bank v Shalabayev & Anor [2011] EWHC 2915 (Ch) (10 November 2011)

JSC BTA Bank v Shalabayev & Anor [2011] EWHC 2915 (Ch) (10 November 2011)

The court held that, although the defendants' compliance was belated and the process was unsatisfactory, the revised schedule (221 Schedule) now met the threshold of sufficient particularity required by the July Order. Given the fundamental nature of legal professional privilege, relief from sanctions should be granted to allow the privilege claims to proceed, subject to challenge.

Citation
[2011] EWHC 2915 (Ch)
Parties
Claimant and Respondent: JSC BTA Bank; 14th Defendant and Applicant: Syrym Shalabayev; 18th Defendant and Applicant: Mukhtar Ablyazov
Jurisdiction
England and Wales
Judgment Date
10 November 2011
Procedural Posture
Application for Relief From Sanctions in Civil Proceedings / Post Unless Order, Application for Relief From Sanctions
Outcome
Application for relief from sanctions granted
Legal Topics
Relief From Sanctions, Legal Professional Privilege, Case Management, Disclosure of Documents
Civil Procedure Banking Law Relief From Sanctions Legal Professional Privilege Case Management Disclosure of Documents

Case Brief

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Parties

JSC BTA Bank

Claimant and Respondent

Syrym Shalabayev

14th Defendant and Applicant

Mukhtar Ablyazov

18th Defendant and Applicant

Procedural Posture

Application for Relief From Sanctions in Civil Proceedings / Post Unless Order, Application for Relief From Sanctions

Legal Issues

  1. 1 Whether the defendants complied with the July Order regarding particularisation of privilege claims
  2. 2 Whether relief from sanctions should be granted for late compliance with the Unless Order

Ratio Decidendi

The court held that, although the defendants' compliance was belated and the process was unsatisfactory, the revised schedule (221 Schedule) now met the threshold of sufficient particularity required by the July Order. Given the fundamental nature of legal professional privilege, relief from sanctions should be granted to allow the privilege claims to proceed, subject to challenge.

Court Disposition

Application for relief from sanctions granted

Orders

  • Defendants granted relief from sanction imposed by the Unless Order, allowing them to claim privilege over documents in the 221 Schedule, subject to challenge.
  • Parties to agree directions for a timetable for objections to the privilege claims and resolution of disputes.