Grigori Fishman v Viktor Mangazeev

Grigori Fishman v Viktor Mangazeev

There is a serious issue to be tried regarding the scope of the Deed of Settlement; the defendant's conduct demonstrates a real risk of asset dissipation; it is just and convenient to grant a freezing injunction limited to assets within the jurisdiction, including the Barclays bank funds and the property.

Parties
Claimant/applicant: Grigori Fishman; Defendant/respondent: Viktor Mangazeev
Jurisdiction
England and Wales
Judgment Date
27 January 2025
Procedural Posture
Injunction Application / Judgment on Application for World Wide Freezing Order
Outcome
Application granted in part
Legal Topics
Freezing Injunction, Breach of Contract, Negative Pledge, Asset Dissipation, Interpretation of Settlement Deeds
Commercial Law Contract Law Civil Procedure Freezing Injunction Breach of Contract Negative Pledge Asset Dissipation Interpretation of Settlement Deeds

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Parties

Grigori Fishman

Claimant/applicant

Viktor Mangazeev

Defendant/respondent

Procedural Posture

Injunction Application / Judgment on Application for World Wide Freezing Order

Legal Issues

  1. 1 Whether the Deed of Settlement released the defendant from liabilities under the Loan Agreement
  2. 2 Whether there is a real risk of dissipation of assets by the defendant
  3. 3 Whether it is just and convenient to grant a freezing injunction

Ratio Decidendi

There is a serious issue to be tried regarding the scope of the Deed of Settlement; the defendant's conduct demonstrates a real risk of asset dissipation; it is just and convenient to grant a freezing injunction limited to assets within the jurisdiction, including the Barclays bank funds and the property.

Court Disposition

Application granted in part

Orders

  • Freezing injunction granted over assets within the jurisdiction up to US $19,710,000, including Barclays bank funds and property.
  • Defendant to provide fortnightly updates on Barclays account balance.