JSC BTA Bank v Ablyazov & Anor [2018] EWHC 1368 (Comm) (08 June 2018)

JSC BTA Bank v Ablyazov & Anor [2018] EWHC 1368 (Comm) (08 June 2018)

There is a real risk, supported by evidence, that Mr Khrapunov's legal expenses may be funded by assets belonging to Mr Ablyazov or by concealed assets of Mr Khrapunov, both potentially in breach of freezing orders. Disclosure is necessary and appropriate to police the effectiveness of the Court's orders.

Citation
[2018] EWHC 1368 (Comm)
Parties
Claimant/applicant: JSC BTA Bank; First Defendant: Mukhtar Ablyazov; Second Defendant/respondent: Ilyas Khrapunov
Jurisdiction
England and Wales
Judgment Date
08 June 2018
Procedural Posture
Commercial Court Application / Judgment on Application for Disclosure of Legal Expenses Funding
Outcome
Application granted
Legal Topics
Worldwide Freezing Orders, Disclosure of Funding, Nominee Ownership, Policing Court Orders
Civil Procedure Asset Recovery Injunctions Worldwide Freezing Orders Disclosure of Funding Nominee Ownership Policing Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

JSC BTA Bank

Claimant/applicant

Mukhtar Ablyazov

First Defendant

Ilyas Khrapunov

Second Defendant/respondent

Procedural Posture

Commercial Court Application / Judgment on Application for Disclosure of Legal Expenses Funding

Legal Issues

  1. 1 Whether there are grounds to order disclosure of the source of funding for Mr Khrapunov's legal expenses
  2. 2 Whether funds used may be in breach of worldwide freezing orders
  3. 3 Whether Ms Khrapunova is acting as a nominee for Mr Ablyazov

Ratio Decidendi

There is a real risk, supported by evidence, that Mr Khrapunov's legal expenses may be funded by assets belonging to Mr Ablyazov or by concealed assets of Mr Khrapunov, both potentially in breach of freezing orders. Disclosure is necessary and appropriate to police the effectiveness of the Court's orders.

Court Disposition

Application granted

Orders

  • Mr Khrapunov is ordered to provide full and proper disclosure regarding the source of funding for his legal expenses, including supporting documentation, subject to confidentiality protections.