Kireeva v Zolotova & Anor [2024] EWHC 2705 (Ch) (21 October 2024)

Kireeva v Zolotova & Anor [2024] EWHC 2705 (Ch) (21 October 2024)

The certificate provided by the claimant's solicitors was materially inaccurate as to the banking route for funding, and this inaccuracy was known to the claimant's funders, amounting to bad faith and rendering the certificate invalid. Alternatively, reliance on the certificate constituted an abuse of process. The action therefore stands dismissed or should be struck out.

Citation
[2024] EWHC 2705 (Ch)
Parties
Claimant: Lyubov Andreevna Kireeva; First Defendant: Alina Zolotova; Second Defendant: Basel Properties Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2024
Procedural Posture
Chancery Division Business and Property Courts / Interlocutory Application to Strike Out Claim for Non Compliance With Unless Order
Outcome
Claim dismissed/struck out for non-compliance with unless order and/or abuse of process
Legal Topics
Unless Orders, Litigation Funding, Abuse of Process, Sanctions, Bankruptcy Trustees, Striking Out Claims
Civil Procedure Insolvency Trusts Unless Orders Litigation Funding Abuse of Process Sanctions Bankruptcy Trustees +1 more

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Parties

Lyubov Andreevna Kireeva

Claimant

Alina Zolotova

First Defendant

Basel Properties Limited

Second Defendant

Procedural Posture

Chancery Division Business and Property Courts / Interlocutory Application to Strike Out Claim for Non Compliance With Unless Order

Legal Issues

  1. 1 Whether the claimant complied with an unless order requiring a funding certificate and route for trial costs
  2. 2 Whether the certificate provided was valid and effective
  3. 3 Whether reliance on the certificate constituted an abuse of process

Ratio Decidendi

The certificate provided by the claimant's solicitors was materially inaccurate as to the banking route for funding, and this inaccuracy was known to the claimant's funders, amounting to bad faith and rendering the certificate invalid. Alternatively, reliance on the certificate constituted an abuse of process. The action therefore stands dismissed or should be struck out.

Court Disposition

Claim dismissed/struck out for non-compliance with unless order and/or abuse of process

Orders

  • The action stands dismissed or is struck out.
  • Consequential orders to be determined at a further hearing if necessary.