Kazakhstan Kagazy Plc & Ors v Dencora Ltd & Ors

Kazakhstan Kagazy Plc & Ors v Dencora Ltd & Ors

The court granted variation of the relevant orders to permit granting of tenancies for up to 24 months, subject to terms agreed by claimants or approved by the court, but refused permission to use rental income for legal costs due to insufficient evidence of necessity.

Parties
Claimant: Kazakhstan Kagazy PLC; Claimant: Prime Estate Activities Kazakhstan LLP; Claimant: Peak Akzhal LLP; Claimant: Astana - Contract JSC; Claimant: Paragon Development LLP; Claimant: Baglan Abdullayevich Zhunus; Claimant: Maksat Askaruly Arip; Claimant: Shynar Dikhanbayeva; Claimant: Sholpan Arip; Claimant: Larissa Asilbekova; Claimant: Harbour Fund III LP; Defendant: Dencora Limited; Defendant: Standcorp Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2019
Procedural Posture
Civil / Interlocutory Application
Outcome
applications to vary orders granted in part, dismissed in part
Legal Topics
Charging Orders, Freezing Orders, Tenancy, Judgment Enforcement
Civil Procedure Property Law Charging Orders Freezing Orders Tenancy Judgment Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Kazakhstan Kagazy PLC

Claimant

Prime Estate Activities Kazakhstan LLP

Claimant

Peak Akzhal LLP

Claimant

Astana - Contract JSC

Claimant

Paragon Development LLP

Claimant

Baglan Abdullayevich Zhunus

Claimant

Maksat Askaruly Arip

Claimant

Shynar Dikhanbayeva

Claimant

Sholpan Arip

Claimant

Larissa Asilbekova

Claimant

Harbour Fund III LP

Claimant

Dencora Limited

Defendant

Standcorp Limited

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether interim charging orders and freezing orders should be varied to permit letting of properties subject to enforcement proceedings.
  2. 2 Whether rental income from the properties can be used to fund legal costs in charging order proceedings.

Ratio Decidendi

The court granted variation of the relevant orders to permit granting of tenancies for up to 24 months, subject to terms agreed by claimants or approved by the court, but refused permission to use rental income for legal costs due to insufficient evidence of necessity.

Court Disposition

applications to vary orders granted in part, dismissed in part

Orders

  • Interim charging orders and freezing orders varied to permit granting of tenancies for up to 24 months, subject to terms agreed by claimants or approved by the court.
  • Rental income to be paid into designated accounts and used only for property expenses unless claimants consent or court orders otherwise.