Vneshprombank LLC v Bedzhamov & Ors [2019] EWHC 2139 (Ch) (31 July 2019)

Vneshprombank LLC v Bedzhamov & Ors [2019] EWHC 2139 (Ch) (31 July 2019)

Payment of £341,680 to Fenton Whelan is permitted under the worldwide freezing order as it is in the ordinary and proper course of business, commercially sensible, and not part of a fraudulent scheme. The evidence does not support the claimant's conspiracy theory, and the first defendant is entitled to use his assets in this manner.

Citation
[2019] EWHC 2139 (Ch)
Parties
Claimant / Respondent: Vneshprombank LLC; First Defendant / Applicant: Georgy Ivanovich Bedzhamov; Second Defendant: Unifleet Technology Limited; Third Defendant: Persons Unknown; Non Cause of Action Defendant / Respondent: Basel Properties Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Application Under Worldwide Freezing Order / Interlocutory Hearing
Outcome
Application granted
Legal Topics
Worldwide Freezing Order, Ordinary and Proper Course of Business, Asset Disposal, Planning Permission, Section 106 Agreement
Civil Procedure Injunctions Property Law Worldwide Freezing Order Ordinary and Proper Course of Business Asset Disposal Planning Permission Section 106 Agreement

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Parties

Vneshprombank LLC

Claimant / Respondent

Georgy Ivanovich Bedzhamov

First Defendant / Applicant

Unifleet Technology Limited

Second Defendant

Persons Unknown

Third Defendant

Basel Properties Limited

Non Cause of Action Defendant / Respondent

Procedural Posture

Application Under Worldwide Freezing Order / Interlocutory Hearing

Legal Issues

  1. 1 Whether payment of £341,680 to Fenton Whelan is permitted under the worldwide freezing order as an ordinary and proper course of business
  2. 2 Whether the payment is bona fide or part of a fraudulent scheme

Ratio Decidendi

Payment of £341,680 to Fenton Whelan is permitted under the worldwide freezing order as it is in the ordinary and proper course of business, commercially sensible, and not part of a fraudulent scheme. The evidence does not support the claimant's conspiracy theory, and the first defendant is entitled to use his assets in this manner.

Court Disposition

Application granted

Orders

  • Declaration that Mishcon de Reya LLP may pay £341,680 to Fenton Whelan from the proceeds of sale held in its client account on behalf of the first defendant under the worldwide freezing order.
  • Time for service of the application abridged pursuant to CPR 23.7(4).