Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Relief from sanctions granted for disclosure defaults and overall striking out of defences, but refused for specific pleading defaults; striking out of entire defences was disproportionate given compliance with most disclosure requirements and remedial steps taken, but maintaining strike out of unparticularised...

Source-derived case information.

Parties
Claimant: Kazakhstan Kagazy PLC and others; Defendant: Baglan Abdullayevich Zhunus and others; Additional Party: Harbour Fund III LP; Respondent: Cooperton Management Limited and other Charging Order Respondents
Jurisdiction
England and Wales
Judgment Date
30 January 2020
Procedural Posture
Commercial Enforcement / Interlocutory Application for Relief From Sanctions and Final Charging Orders
Outcome
Relief from sanctions granted in part; striking out of entire defences set aside except for specific allegations which remain struck out; claimants' application for final charging orders dismissed.
Legal Topics
Relief From Sanctions, Charging Orders, Disclosure Obligations, Pleading Defaults, Trust Structures, Fraud Enforcement
Civil Procedure Commercial Law Trusts and Equity Relief From Sanctions Charging Orders Disclosure Obligations Pleading Defaults Trust Structures +1 more

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Parties

Kazakhstan Kagazy PLC and others

Claimant

Baglan Abdullayevich Zhunus and others

Defendant

Harbour Fund III LP

Additional Party

Cooperton Management Limited and other Charging Order Respondents

Respondent

Procedural Posture

Commercial Enforcement / Interlocutory Application for Relief From Sanctions and Final Charging Orders

Legal Issues

  1. 1 Whether relief from sanctions should be granted for defaults under an Unless Order
  2. 2 Whether final charging orders should be made over properties held by respondents
  3. 3 Whether pleading and disclosure defaults justify striking out defences

Ratio Decidendi

Relief from sanctions granted for disclosure defaults and overall striking out of defences, but refused for specific pleading defaults; striking out of entire defences was disproportionate given compliance with most disclosure requirements and remedial steps taken, but maintaining strike out of unparticularised allegations was just and necessary to enforce procedural discipline.

Court Disposition

Relief from sanctions granted in part; striking out of entire defences set aside except for specific allegations which remain struck out; claimants' application for final charging orders dismissed.

Orders

  • Striking out of Burlington Place respondents', Unistarel's, and Dencora's Points of Defence set aside except for allegations subject to paragraphs 1(c) and 2 of the Unless Order, which remain struck out.
  • Permission for November 2019 Further Information responses refused.