Kireeva v Zolotova & Anor [2025] EWCA Civ 847 (12 June 2025)

Kireeva v Zolotova & Anor [2025] EWCA Civ 847 (12 June 2025)

The certificate provided by the claimant's solicitors was materially inaccurate as to the banking route for litigation funding, and those responsible for the arrangements knew or ought to have known this. The inaccuracy was not minor but went to the heart of the order's purpose. Bad faith was established, and even absent bad faith, material inaccuracy invalidated compliance with the unless order. The claim was therefore properly struck out.

Citation
[2025] EWCA Civ 847
Parties
Claimant / Appellant: Lyubov Andreevna Kireeva (as bankruptcy trustee of Georgy Ivanovich Bedzhamov); Defendant / Respondent: Alina Zolotova; Defendant: Basel Properties Ltd
Jurisdiction
England and Wales
Judgment Date
12 June 2025
Procedural Posture
Civil Appeal / Appeal From High Court (insolvency and Companies List) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unless Orders, Litigation Funding, Abuse of Process, Bankruptcy Trustee Powers, Sanctions for Non Compliance
Insolvency Civil Procedure Unless Orders Litigation Funding Abuse of Process Bankruptcy Trustee Powers Sanctions for Non Compliance

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Parties

Lyubov Andreevna Kireeva (as bankruptcy trustee of Georgy Ivanovich Bedzhamov)

Claimant / Appellant

Alina Zolotova

Defendant / Respondent

Basel Properties Ltd

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (insolvency and Companies List) to Court of Appeal

Legal Issues

  1. 1 Whether the claimant complied with an unless order requiring certification of litigation funding and banking route
  2. 2 Whether the certificate provided was materially inaccurate
  3. 3 Whether bad faith tainted the certificate and justified striking out the claim

Ratio Decidendi

The certificate provided by the claimant's solicitors was materially inaccurate as to the banking route for litigation funding, and those responsible for the arrangements knew or ought to have known this. The inaccuracy was not minor but went to the heart of the order's purpose. Bad faith was established, and even absent bad faith, material inaccuracy invalidated compliance with the unless order. The claim was therefore properly struck out.

Court Disposition

Appeal dismissed

Orders

  • Claim stood struck out as of 31 August 2024 for failure to comply with unless order
  • No relief from sanctions granted