JSC BTA Bank v Solodchenko & Ors

There is a sufficient risk of real prejudice to Mr Ereshchenko if the costs issues are determined before the committal hearing, due to significant evidential overlap and the potential influence of adverse findings. Therefore, the determination of costs is postponed until after the committal application is resolved.

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
Outcome: Determination of costs adjourned until after committal application.
Legal Topics: Costs, Committal for Contempt, Case Management

Civil Procedure Costs Committal for Contempt 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

Legal Issues

1 Whether the determination of costs relating to the cross-examination of Mr Ereshchenko should be decided before or after determination of the committal application.

Ratio Decidendi

Court Disposition

Determination of costs adjourned until after committal application.

Orders

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