The Deposit Guarantee Fund for Individuals v Bank Frick & Co AG & Anor [2021] EWHC 3226 (Ch) (01 December 2021)

The Deposit Guarantee Fund for Individuals v Bank Frick & Co AG & Anor [2021] EWHC 3226 (Ch) (01 December 2021)

Seeking determination of a conditional summary judgment application, expressly predicated on the failure of a stay application, does not constitute a step in the proceedings under s.9(3) Arbitration Act 1996. As a matter of case management, the summary judgment application should not be listed before the stay application.

Citation
[2021] EWHC 3226 (Ch)
Parties
Claimant: The Deposit Guarantee Fund For Individuals (as liquidator of National Credit Bank PJSC); First Defendant: Bank Frick & Co AG; Second Defendant: Eastmond Sales LLP
Jurisdiction
England and Wales
Judgment Date
01 December 2021
Procedural Posture
Civil (business and Property Courts) / Interlocutory Application (declaration and Case Management Directions)
Outcome
Declaration granted; case management order refused
Legal Topics
Transactions Defrauding Creditors, Stay of Proceedings for Arbitration, Summary Judgment, Jurisdiction, Attribution of Knowledge to Corporations
Insolvency Arbitration Civil Procedure Transactions Defrauding Creditors Stay of Proceedings for Arbitration Summary Judgment Jurisdiction Attribution of Knowledge to Corporations

Case Brief

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Parties

The Deposit Guarantee Fund For Individuals (as liquidator of National Credit Bank PJSC)

Claimant

Bank Frick & Co AG

First Defendant

Eastmond Sales LLP

Second Defendant

Procedural Posture

Civil (business and Property Courts) / Interlocutory Application (declaration and Case Management Directions)

Legal Issues

  1. 1 Whether seeking determination of a conditional summary judgment application before a stay application constitutes a 'step in the proceedings' under s.9(3) Arbitration Act 1996
  2. 2 Whether the summary judgment application should be listed before the stay application as a matter of case management

Ratio Decidendi

Seeking determination of a conditional summary judgment application, expressly predicated on the failure of a stay application, does not constitute a step in the proceedings under s.9(3) Arbitration Act 1996. As a matter of case management, the summary judgment application should not be listed before the stay application.

Court Disposition

Declaration granted; case management order refused

Orders

  • Declaration that seeking case management directions for determination of the summary judgment application before the stay application does not constitute a step in the proceedings or submission to jurisdiction under s.9(3) Arbitration Act 1996
  • Refusal to list the summary judgment application before the stay application