Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank v Maksimov & Ors [2014] EWHC 4370 (Comm) (19 December 2014)

Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank v Maksimov & Ors [2014] EWHC 4370 (Comm) (19 December 2014)

The Bank's pursuit of contempt proceedings resulted only in a technical contempt finding, with no real prejudice or concealed assets. The vast majority of allegations were rejected. The Bank's conduct was disproportionate, warranting an order that it pay 80% of Mr Maksimov's costs since January 2014.

Citation
[2014] EWHC 4370 (Comm)
Parties
Claimant: Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank; First Defendant: Sergey Maksimov
Jurisdiction
England and Wales
Judgment Date
19 December 2014
Procedural Posture
Contempt Proceedings / Post Judgment Costs Order
Outcome
Bank ordered to pay 80% of Mr Maksimov's costs since January 2014.
Legal Topics
Costs, Freezing Orders, Asset Disclosure, Committal Applications, Proportionality

Case Brief

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Parties

Public Joint Stock Company Vseukrainskyi Aktsionernyi Bank

Claimant

Sergey Maksimov

First Defendant

Procedural Posture

Contempt Proceedings / Post Judgment Costs Order

  1. 1 Appropriate costs order following contempt proceedings
  2. 2 Proportionality of committal applications
  3. 3 Technical versus serious contempt

Ratio Decidendi

The Bank's pursuit of contempt proceedings resulted only in a technical contempt finding, with no real prejudice or concealed assets. The vast majority of allegations were rejected. The Bank's conduct was disproportionate, warranting an order that it pay 80% of Mr Maksimov's costs since January 2014.

Court Disposition

Bank ordered to pay 80% of Mr Maksimov's costs since January 2014.

Orders

  • Bank to pay £411,999.38 as 80% of Mr Maksimov's costs since January 2014.
  • Interim payment order: Bank to pay £175,000 to Mr Maksimov.