Evison Holdings Ltd v International Company Finvision Holdings LLC & Ors [2020] EWHC 239 (Comm) (10 February 2020)

Evison Holdings Ltd v International Company Finvision Holdings LLC & Ors [2020] EWHC 239 (Comm) (10 February 2020)

The failures by Evison to disclose the applicable test for alternative service and Mr. Yusupov's cessation as de jure director were culpable but not deliberate. The non-disclosures were not so material as to mislead the court regarding the reasonable prospect of success in the contempt application. Exceptional circumstances justified alternative service due to litigation prejudice and the need for a single contempt hearing. The orders for service out and by alternative means were set aside but immediately re-instated in the interests of justice, with costs to be determined.

Citation
[2020] EWHC 239 (Comm)
Parties
Claimant: Evison Holdings Limited; First Defendant: International Company Finvision Holdings LLC; Second Defendant: Artem Davydovich Avetisyan; Third Defendant: Sherzod Iskandarovich Yusupov
Jurisdiction
England and Wales
Judgment Date
10 February 2020
Procedural Posture
Commercial Court Application (queen's Bench Division) / Application to Set Aside Order for Service Out of Jurisdiction and by Alternative Means in Contempt Proceedings
Outcome
Orders for service out of jurisdiction and by alternative means on Mr. Avetisyan and Mr. Yusupov set aside and immediately re-instated; costs to be determined.
Legal Topics
Service Out of Jurisdiction, Alternative Service, Contempt of Court, Anti Suit Injunctions, Full and Frank Disclosure, Hague Service Convention
Civil Procedure Arbitration Commercial Law Service Out of Jurisdiction Alternative Service Contempt of Court Anti Suit Injunctions Full and Frank Disclosure +1 more

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Parties

Evison Holdings Limited

Claimant

International Company Finvision Holdings LLC

First Defendant

Artem Davydovich Avetisyan

Second Defendant

Sherzod Iskandarovich Yusupov

Third Defendant

Procedural Posture

Commercial Court Application (queen's Bench Division) / Application to Set Aside Order for Service Out of Jurisdiction and by Alternative Means in Contempt Proceedings

Legal Issues

  1. 1 Whether Evison failed to make full and frank disclosure when seeking permission for service out of the jurisdiction and by alternative means in contempt proceedings
  2. 2 Whether the failures in disclosure were material and justified setting aside the orders
  3. 3 Whether the orders should be re-instated despite non-disclosure

Ratio Decidendi

The failures by Evison to disclose the applicable test for alternative service and Mr. Yusupov's cessation as de jure director were culpable but not deliberate. The non-disclosures were not so material as to mislead the court regarding the reasonable prospect of success in the contempt application. Exceptional circumstances justified alternative service due to litigation prejudice and the need for a single contempt hearing. The orders for service out and by alternative means were set aside but immediately re-instated in the interests of justice, with costs to be determined.

Court Disposition

Orders for service out of jurisdiction and by alternative means on Mr. Avetisyan and Mr. Yusupov set aside and immediately re-instated; costs to be determined.

Orders

  • Set aside the order for service by alternative means on Mr. Avetisyan and Mr. Yusupov and the order for service out of the jurisdiction on Mr. Yusupov.
  • Re-instate the orders for service out of the jurisdiction and by alternative means on Mr. Avetisyan and Mr. Yusupov.