BM-Bank JSC v Chernyakov & Ors

BM-Bank JSC v Chernyakov & Ors

The court found, to the criminal standard, that Mr Chernyakov and Ms Erokhova deliberately and intentionally breached court orders by failing to disclose assets, giving false evidence, dissipating assets, and, in Ms Erokhova's case, assisting Mr Chernyakov. Their conduct was dishonest, persistent, and designed to obstruct enforcement of judgments. The breaches were serious and merited custodial sentences.

Parties
Claimant: BM-BANK JSC (formerly OJSC BANK OF MOSCOW and PJSC BM–BANK); Defendant: Andrey Valerievich Chernyakov; Defendant: Anastasia Erokhova; Defendant: Norwind Shipping Limited
Jurisdiction
England and Wales
Judgment Date
19 October 2017
Procedural Posture
Committal Application (contempt of Court) in Civil Enforcement Proceedings / Judgment on Liability and Sentencing
Outcome
Defendants found in contempt of court; custodial sentences imposed.
Legal Topics
Contempt of Court, Freezing Injunctions, Asset Disclosure, Enforcement of Foreign Judgments, Bankruptcy, Assisting Breach of Court Orders
Civil Procedure Banking Law Insolvency Enforcement of Judgments Contempt of Court Freezing Injunctions Asset Disclosure Enforcement of Foreign Judgments +2 more

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 6 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

BM-BANK JSC (formerly OJSC BANK OF MOSCOW and PJSC BM–BANK)

Claimant

Andrey Valerievich Chernyakov

Defendant

Anastasia Erokhova

Defendant

Norwind Shipping Limited

Defendant

Procedural Posture

Committal Application (contempt of Court) in Civil Enforcement Proceedings / Judgment on Liability and Sentencing

Legal Issues

  1. 1 Whether the defendants deliberately breached court orders relating to asset disclosure and freezing injunctions
  2. 2 Whether the defendants gave false evidence to the court
  3. 3 Whether the defendants intentionally interfered with the administration of justice

Ratio Decidendi

The court found, to the criminal standard, that Mr Chernyakov and Ms Erokhova deliberately and intentionally breached court orders by failing to disclose assets, giving false evidence, dissipating assets, and, in Ms Erokhova's case, assisting Mr Chernyakov. Their conduct was dishonest, persistent, and designed to obstruct enforcement of judgments. The breaches were serious and merited custodial sentences.

Court Disposition

Defendants found in contempt of court; custodial sentences imposed.

Orders

  • Mr Chernyakov committed for contempt of court and sentenced to two years' imprisonment.
  • Ms Erokhova committed for contempt of court and sentenced to four months' imprisonment.