JSC BTA Bank v Ereshchenko

JSC BTA Bank v Ereshchenko

The Court of Appeal held that the Bank failed to prove beyond reasonable doubt that Mr Ereshchenko was dishonest in making the statements alleged as contempt. The judge's findings of fact and reasoning were not perverse or unsupported, and the criminal standard of proof was correctly applied. The appeal was dismissed as no ground of appeal was made out.

Parties
Claimant/appellant: JSC BTA Bank; Defendant/respondent: Anatoly Ereshchenko
Jurisdiction
England and Wales
Judgment Date
04 July 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Committal Application
Outcome
appeal dismissed
Legal Topics
Committal for Contempt, False Evidence, Disclosure Orders, Standard of Proof, Appellate Review
Civil Procedure Contempt of Court Committal for Contempt False Evidence Disclosure Orders Standard of Proof Appellate Review

Case Brief

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Parties

JSC BTA Bank

Claimant/appellant

Anatoly Ereshchenko

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Committal Application

Legal Issues

  1. 1 Whether Mr Ereshchenko knowingly gave false evidence in breach of the Disclosure Order and committed contempt of court
  2. 2 Whether the judge erred in applying the criminal standard of proof to the contempt allegations
  3. 3 Whether the judge's findings of fact and reasoning were flawed or incomplete

Ratio Decidendi

The Court of Appeal held that the Bank failed to prove beyond reasonable doubt that Mr Ereshchenko was dishonest in making the statements alleged as contempt. The judge's findings of fact and reasoning were not perverse or unsupported, and the criminal standard of proof was correctly applied. The appeal was dismissed as no ground of appeal was made out.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; no committal order made against Mr Ereshchenko