Ablyazov & Ors v JSC BTA Bank

Ablyazov & Ors v JSC BTA Bank

The claims are civil in nature, seeking to enforce property rights, and are not barred as indirect enforcement of foreign sovereign, penal, or revenue law. The alleged collateral political motive is irrelevant where the claim has a real prospect of success. The applications for a stay were properly dismissed as they have no real prospect of success.

Parties
Applicant/defendant: Mukhtar Ablyazov; Applicant/defendant: Roman Solodenchko; Applicant/defendant: Zhaksylik Zharimbetov; Applicant/defendant: Drey Associates Ltd; Respondent/claimant: JSC BTA Bank
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (court of Appeal)
Outcome
Permission to appeal refused
Legal Topics
Stay of Proceedings, Abuse of Process, Enforcement of Foreign Judgments, Collateral Purpose, Sovereign Immunity
Civil Procedure Banking Law Fraud Stay of Proceedings Abuse of Process Enforcement of Foreign Judgments Collateral Purpose Sovereign Immunity

Case Brief

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Parties

Mukhtar Ablyazov

Applicant/defendant

Roman Solodenchko

Applicant/defendant

Zhaksylik Zharimbetov

Applicant/defendant

Drey Associates Ltd

Applicant/defendant

JSC BTA Bank

Respondent/claimant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the proceedings should be stayed as indirect enforcement of a foreign penal, revenue or public law or sovereign interest
  2. 2 Whether the proceedings are an abuse of process due to alleged collateral political purpose
  3. 3 Whether the claim is non-justiciable as an exercise of foreign sovereign authority

Ratio Decidendi

The claims are civil in nature, seeking to enforce property rights, and are not barred as indirect enforcement of foreign sovereign, penal, or revenue law. The alleged collateral political motive is irrelevant where the claim has a real prospect of success. The applications for a stay were properly dismissed as they have no real prospect of success.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal against the orders of Teare J is refused