Alfa-Bank v Reznik [2016] EWHC B21 (Comm) (03 August 2016)

Alfa-Bank v Reznik [2016] EWHC B21 (Comm) (03 August 2016)

Mr. Reznik was personally served with the WFO and committal application, was aware of his obligations, and deliberately and wilfully failed to comply with the asset disclosure and affidavit requirements, constituting serious contempt of court. Immediate custodial sentences are necessary to punish and coerce compliance, given the prejudice to the Bank and the deliberate, unremorseful nature of the breaches.

Citation
[2016] EWHC B21 (Comm)
Parties
Claimant/applicant: ALFA-BANK; Defendant/respondent: Ilya Arkadyevich Reznik
Jurisdiction
England and Wales
Judgment Date
03 August 2016
Procedural Posture
Committal Application (contempt of Court) / Judgment on Application for Committal for Contempt
Outcome
Application granted; Mr. Reznik found in contempt of court.
Legal Topics
Worldwide Freezing Order, Asset Disclosure, Contempt of Court, Committal Proceedings, Arbitration Support
Civil Procedure Commercial Law Worldwide Freezing Order Asset Disclosure Contempt of Court Committal Proceedings Arbitration Support

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Parties

ALFA-BANK

Claimant/applicant

Ilya Arkadyevich Reznik

Defendant/respondent

Procedural Posture

Committal Application (contempt of Court) / Judgment on Application for Committal for Contempt

Legal Issues

  1. 1 Whether Mr. Reznik is in contempt of court for failing to comply with asset disclosure provisions in a worldwide freezing order

Ratio Decidendi

Mr. Reznik was personally served with the WFO and committal application, was aware of his obligations, and deliberately and wilfully failed to comply with the asset disclosure and affidavit requirements, constituting serious contempt of court. Immediate custodial sentences are necessary to punish and coerce compliance, given the prejudice to the Bank and the deliberate, unremorseful nature of the breaches.

Court Disposition

Application granted; Mr. Reznik found in contempt of court.

Orders

  • Mr. Reznik sentenced to 18 months' imprisonment for each of two contempts, sentences to run concurrently.
  • Declaration that Mr. Reznik is in contempt for failing to provide asset disclosure and affidavit as required by the WFO.