Lyubov Andreevna Kireeva v Alina Zolotova & Anor

Lyubov Andreevna Kireeva v Alina Zolotova & Anor

The certificate provided by the claimant's solicitors was materially inaccurate as to the banking route for litigation funding, and those responsible for the funding arrangements knew this and allowed the certificate to be provided regardless. This amounted to non-compliance with the unless order, and the claim was properly struck out. Bad faith, even if not strictly necessary, was established and tainted the certificate, making reliance on it an abuse of process.

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
07 July 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Claim for Non Compliance With Unless Order
Outcome
appeal dismissed
Legal Topics
Unless Orders, Litigation Funding, Striking Out, Abuse of Process, Bankruptcy Trustee Powers
Insolvency Civil Procedure Unless Orders Litigation Funding Striking Out Abuse of Process Bankruptcy Trustee Powers

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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 Judgment Striking Out Claim for Non Compliance With Unless Order

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 or abuse of process invalidated 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 funding arrangements knew this and allowed the certificate to be provided regardless. This amounted to non-compliance with the unless order, and the claim was properly struck out. Bad faith, even if not strictly necessary, was established and tainted the certificate, making reliance on it an abuse of process.

Court Disposition

appeal dismissed

Orders

  • Claim stood struck out as of 31 August 2024 for non-compliance with unless order.
  • No relief from sanctions granted.