JSC COMMERCIAL BANK PRIVATBANK v IGOR VALERYEVICH KOLOMOISKY & ORS.

JSC COMMERCIAL BANK PRIVATBANK v IGOR VALERYEVICH KOLOMOISKY & ORS.

The trial is adjourned because the Russian invasion has caused severe disruption to the defendants' ability to prepare for and participate in the trial, including communication with legal teams, access to documents, and expert evidence. The resulting trial would be unfair if held as scheduled, and the prejudice to the claimant does not outweigh the unfairness to the defendants.

Parties
Claimant: JSC Commercial Bank PrivatBank; First Defendant: Igor Valeryevich Kolomoisky; Second Defendant: Gennadiy Borisovich Bogolyubov; Third Defendant: Teamtrend Limited; Fourth Defendant: Trade Point Agro Limited; Fifth Defendant: Collyer Limited; Sixth Defendant: Rossyn Investing Corp; Seventh Defendant: Milbert Ventures Inc; Eighth Defendant: ZAO Ukrtransitservice Ltd
Jurisdiction
England and Wales
Judgment Date
01 April 2022
Procedural Posture
Commercial Fraud Claim / Pre Trial Review, Application for Adjournment
Outcome
trial adjourned
Legal Topics
Adjournment of Trial, Fair Trial, Impact of War on Litigation, Fraud, Unjust Enrichment
Civil Procedure Commercial Law Adjournment of Trial Fair Trial Impact of War on Litigation Fraud Unjust Enrichment

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Parties

JSC Commercial Bank PrivatBank

Claimant

Igor Valeryevich Kolomoisky

First Defendant

Gennadiy Borisovich Bogolyubov

Second Defendant

Teamtrend Limited

Third Defendant

Trade Point Agro Limited

Fourth Defendant

Collyer Limited

Fifth Defendant

Rossyn Investing Corp

Sixth Defendant

Milbert Ventures Inc

Seventh Defendant

ZAO Ukrtransitservice Ltd

Eighth Defendant

Procedural Posture

Commercial Fraud Claim / Pre Trial Review, Application for Adjournment

Legal Issues

  1. 1 Whether the trial should be adjourned due to the impact of the Russian invasion of Ukraine on the defendants' ability to prepare and participate
  2. 2 Whether a fair trial can proceed as scheduled given current circumstances
  3. 3 Whether prejudice to the claimant outweighs the unfairness to the defendants

Ratio Decidendi

The trial is adjourned because the Russian invasion has caused severe disruption to the defendants' ability to prepare for and participate in the trial, including communication with legal teams, access to documents, and expert evidence. The resulting trial would be unfair if held as scheduled, and the prejudice to the claimant does not outweigh the unfairness to the defendants.

Court Disposition

trial adjourned

Orders

  • Trial adjourned to a date to be fixed during the first half of June 2023.
  • Worldwide freezing order against defendants to continue if appropriate until satisfied.