Lyubov Andreevna Kireeva v Alina Zolotova & Anor

The certificate required by the unless order was materially inaccurate regarding the banking route for funding, and was provided in bad faith by the funders, rendering it invalid. Alternatively, reliance on the certificate constituted an abuse of process. The action stands dismissed or should be struck out.

Parties: Claimant: Lyubov Andreevna Kireeva; First Defendant: Alina Zolotova; Second Defendant: Basel Properties Limited
Jurisdiction: England and Wales
Judgment Date: 28 October 2024
Procedural Posture: Civil / Interlocutory Application for Strike Out
Outcome: Claim dismissed for non-compliance with unless order or alternatively struck out for abuse of process.
Legal Topics: Strike Out for Non Compliance, Abuse of Process, Litigation Funding, Sanctions, Unless Orders

Civil Procedure Insolvency Trusts Strike Out for Non Compliance Abuse of Process Litigation Funding Sanctions Unless Orders

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Parties

Lyubov Andreevna Kireeva

Claimant

Alina Zolotova

First Defendant

Basel Properties Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out

Legal Issues

1 Whether the action stands struck out for want of a prescribed certificate under an unless order
2 Whether the certificate provided was valid or amounted to an abuse of process

Ratio Decidendi

Court Disposition

Claim dismissed for non-compliance with unless order or alternatively struck out for abuse of process.

Orders

Action stands dismissed or struck out.
Costs to be paid to the first defendant, to be assessed if not agreed.