PJSC National Bank Trust & Anor v Mints & Ors

PJSC National Bank Trust & Anor v Mints & Ors

Solid evidence of risk of unjustified dissipation exists based on the nature, scale, and manner of the alleged fraudulent transactions and subsequent asset transfers; delay does not bar relief as risk remains and explanations for delay are credible; continuation of the worldwide freezing order is just and convenient.

Parties
Claimant: PJSC National Bank Trust; Claimant: PJSC Otkritie Bank Financial Corporation; Defendant: Boris Mints; Defendant: Dmitry Mints; Defendant: Alexander Mints; Defendant: Igor Mints
Jurisdiction
England and Wales
Judgment Date
29 July 2019
Procedural Posture
Commercial / Interlocutory Application for Continuation of Worldwide Freezing Order
Outcome
Worldwide freezing order continued, subject to replacement by undertakings.
Legal Topics
Freezing Injunctions, Risk of Dissipation, Delay in Seeking Relief, Fraud, Asset Disclosure
Civil Procedure Commercial Law Freezing Injunctions Risk of Dissipation Delay in Seeking Relief Fraud Asset Disclosure

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Parties

PJSC National Bank Trust

Claimant

PJSC Otkritie Bank Financial Corporation

Claimant

Boris Mints

Defendant

Dmitry Mints

Defendant

Alexander Mints

Defendant

Igor Mints

Defendant

Procedural Posture

Commercial / Interlocutory Application for Continuation of Worldwide Freezing Order

Legal Issues

  1. 1 Whether there is a real risk of unjustified dissipation of assets by the defendants
  2. 2 Whether delay in seeking the freezing order bars or affects relief
  3. 3 Whether the claimants have a good arguable case for fraud

Ratio Decidendi

Solid evidence of risk of unjustified dissipation exists based on the nature, scale, and manner of the alleged fraudulent transactions and subsequent asset transfers; delay does not bar relief as risk remains and explanations for delay are credible; continuation of the worldwide freezing order is just and convenient.

Court Disposition

Worldwide freezing order continued, subject to replacement by undertakings.

Orders

  • Continuation of worldwide freezing order against defendants
  • Defendants to provide asset disclosure