Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2020] EWHC 1164 (Comm) (12 May 2020)

Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2020] EWHC 1164 (Comm) (12 May 2020)

The defendant failed to provide proper evidence of lack of knowledge or good reason for not attending the committal hearing, did not act promptly in making the applications, and had no reasonable prospect of overturning the finding of contempt as the sale of the yacht was a clear breach of the freezing order. The order for alternative service was justified by special circumstances, given the ineffectiveness of Hague Convention service and the defendant's deliberate avoidance.

Citation
[2020] EWHC 1164 (Comm)
Parties
Claimant: Russian Commercial Bank (Cyprus) Limited; Defendant: Fedor Khoroshilov
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Commercial Court Application (contempt and Service) / Judgment on Applications to Set Aside Committal and Service Orders
Outcome
Applications dismissed
Legal Topics
Committal for Contempt, Worldwide Freezing Order, Alternative Service, Hague Convention, Promptness in Applications, Setting Aside Orders
Civil Procedure Commercial Law Contempt of Court Committal for Contempt Worldwide Freezing Order Alternative Service Hague Convention Promptness in Applications +1 more

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Parties

Russian Commercial Bank (Cyprus) Limited

Claimant

Fedor Khoroshilov

Defendant

Procedural Posture

Commercial Court Application (contempt and Service) / Judgment on Applications to Set Aside Committal and Service Orders

Legal Issues

  1. 1 Whether the defendant's applications to set aside the committal and service orders should be granted
  2. 2 Whether service by alternative means was properly ordered under CPR 81.10(5)
  3. 3 Whether the defendant acted promptly and had good reason for not attending the committal hearing

Ratio Decidendi

The defendant failed to provide proper evidence of lack of knowledge or good reason for not attending the committal hearing, did not act promptly in making the applications, and had no reasonable prospect of overturning the finding of contempt as the sale of the yacht was a clear breach of the freezing order. The order for alternative service was justified by special circumstances, given the ineffectiveness of Hague Convention service and the defendant's deliberate avoidance.

Court Disposition

Applications dismissed

Orders

  • The defendant's application to set aside the committal order is dismissed.
  • The defendant's application to set aside the service order is dismissed.