PJSC National Bank Trust & Anor v Boris Mints & Ors [2020] EWHC 204 (Comm) (06 February 2020)

PJSC National Bank Trust & Anor v Boris Mints & Ors [2020] EWHC 204 (Comm) (06 February 2020)

IM failed to show significant change of circumstances or good cause for release; there remains a good arguable case and risk of dissipation; undertakings are proportionate and justified.

Citation
[2020] EWHC 204 (Comm)
Parties
Claimant: PJSC National Bank Trust; Claimant: PJSC Bank Otkritie Financial Corporation; Defendant: Boris Mints; Defendant: Dmitry Mints; Defendant: Alexander Mints; Defendant: Igor Mints
Jurisdiction
England and Wales
Judgment Date
06 February 2020
Procedural Posture
Commercial Court Application / Application to Be Released From Undertakings Following Freezing Order
Outcome
Application dismissed
Legal Topics
Freezing Injunctions, Abuse of Process, Fraud, Conspiracy, Russian Law, Duty of Full and Frank Disclosure
Civil Procedure Commercial Law Freezing Injunctions Abuse of Process Fraud Conspiracy Russian Law Duty of Full and Frank Disclosure

Case Brief

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Parties

PJSC National Bank Trust

Claimant

PJSC Bank Otkritie Financial Corporation

Claimant

Boris Mints

Defendant

Dmitry Mints

Defendant

Alexander Mints

Defendant

Igor Mints

Defendant

Procedural Posture

Commercial Court Application / Application to Be Released From Undertakings Following Freezing Order

Legal Issues

  1. 1 Whether Fourth Defendant can be released from Return Date Undertakings
  2. 2 Whether there is a good arguable case against Fourth Defendant
  3. 3 Whether there is a real risk of dissipation

Ratio Decidendi

IM failed to show significant change of circumstances or good cause for release; there remains a good arguable case and risk of dissipation; undertakings are proportionate and justified.

Court Disposition

Application dismissed

Orders

  • Return Date Undertakings against Fourth Defendant to remain in force