JSC BTA Bank v Solodchenko & Ors [2012] EWHC 550 (Ch) (08 March 2012)

JSC BTA Bank v Solodchenko & Ors [2012] EWHC 550 (Ch) (08 March 2012)

There is sufficient risk of real prejudice to Mr Ereshchenko if costs issues are determined in advance of the committal hearing; determination of costs is postponed until after final determination of the committal application.

Citation
[2012] EWHC 550 (Ch)
Parties
Claimant: JSC BTA Bank; Defendants: Roman Solodchenko and 15 others; Defendant: Anatoly Ereshchenko
Jurisdiction
England and Wales
Judgment Date
08 March 2012
Procedural Posture
Civil / Preliminary Ruling on Costs Pending Committal Application
Outcome
Determination of costs adjourned until after committal application; costs of timing issue to be costs in the case.
Legal Topics
Costs, Committal for Contempt, Disclosure, Case Management

Case Brief

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Parties

JSC BTA Bank

Claimant

Roman Solodchenko and 15 others

Defendants

Anatoly Ereshchenko

Defendant

Procedural Posture

Civil / Preliminary Ruling on Costs Pending Committal Application

  1. 1 Should determination of costs relating to cross-examination be postponed until after committal application?
  2. 2 Is there risk of prejudice to Mr Ereshchenko if costs are determined before committal hearing?

Ratio Decidendi

There is sufficient risk of real prejudice to Mr Ereshchenko if costs issues are determined in advance of the committal hearing; determination of costs is postponed until after final determination of the committal application.

Court Disposition

Determination of costs adjourned until after committal application; costs of timing issue to be costs in the case.

Orders

  • Determination of costs relating to cross-examination of Mr Ereshchenko postponed until after final determination of committal application.
  • Costs of preliminary timing issue to be costs in the case.