Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Permission to serve a contribution notice is refused because D2 and D3 do not advance a factual case against D1 and cannot rely on the claimants' stayed allegations. The application for a freezing injunction is refused because there is no accrued cause of action for contribution, only a contingent claim, and no prospective judgment to protect.

Parties
Claimant: Kazakhstan Kagazy PLC and others; Defendant: Baglan Abdullayevich Zhunus; Defendant: Maksat Askaruly Arip; Defendant: Shynar Dikhanbayeva
Jurisdiction
England and Wales
Judgment Date
06 May 2016
Procedural Posture
Commercial Fraud / Ruling on Applications for Permission to Serve Contribution Notice and Freezing Injunction
Outcome
applications refused
Legal Topics
Contribution Claims, Freezing Injunctions, Fraud, Limitation Periods, Settlement, Abuse of Process
Civil Procedure Commercial Law Equity Contribution Claims Freezing Injunctions Fraud Limitation Periods Settlement +1 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 4 Authorities cited 23 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Kazakhstan Kagazy PLC and others

Claimant

Baglan Abdullayevich Zhunus

Defendant

Maksat Askaruly Arip

Defendant

Shynar Dikhanbayeva

Defendant

Procedural Posture

Commercial Fraud / Ruling on Applications for Permission to Serve Contribution Notice and Freezing Injunction

Legal Issues

  1. 1 Whether D2 and D3 can obtain permission to serve a contribution notice against D1 after settlement
  2. 2 Whether D2 can obtain a freezing injunction against D1 in aid of a contingent contribution claim

Ratio Decidendi

Permission to serve a contribution notice is refused because D2 and D3 do not advance a factual case against D1 and cannot rely on the claimants' stayed allegations. The application for a freezing injunction is refused because there is no accrued cause of action for contribution, only a contingent claim, and no prospective judgment to protect.

Court Disposition

applications refused

Orders

  • Permission to serve a contribution notice against D1 is refused.
  • Application for a freezing injunction against D1 is refused.