JSC BTA Bank v Granton Trade Ltd & Ors

JSC BTA Bank v Granton Trade Ltd & Ors

The judge was entitled to revoke relief from sanctions and enter judgment against the Appellants on the basis of the evidence before him, without directing a trial of the issue, as there was no evidence undermining the conclusion that the court had been seriously misled. The principles applicable to striking out do...

Source-derived case information.

Parties
Respondent: JSC BTA Bank; Appellant: Granton Trade Ltd; Appellant: Branden & Associated Ltd; Appellant: Aldridge Ventures Ltd; Appellant: Zafferant Partners Inc; Appellant: Forest Management Ltd; Appellant: Incompro Management Ltd; Appellant: Perspective Communications Inc; Appellant: Maden Holdings Inc
Jurisdiction
England and Wales
Judgment Date
01 May 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Interlocutory Application
Outcome
Appeal dismissed
Legal Topics
Relief From Sanctions, Interlocutory Applications, Debarment From Defence, Misleading the Court, Freezing Orders
Civil Procedure Banking Law Fraud Relief From Sanctions Interlocutory Applications Debarment From Defence Misleading the Court Freezing Orders

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Summary, issues, holding and outcome

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Parties

JSC BTA Bank

Respondent

Granton Trade Ltd

Appellant

Branden & Associated Ltd

Appellant

Aldridge Ventures Ltd

Appellant

Zafferant Partners Inc

Appellant

Forest Management Ltd

Appellant

Incompro Management Ltd

Appellant

Perspective Communications Inc

Appellant

Maden Holdings Inc

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Interlocutory Application

Legal Issues

  1. 1 Whether the judge was correct to revoke relief from sanctions on the basis that the court had been misled without directing a trial of the issue
  2. 2 Whether judgment could be entered against the Appellants without a trial

Ratio Decidendi

The judge was entitled to revoke relief from sanctions and enter judgment against the Appellants on the basis of the evidence before him, without directing a trial of the issue, as there was no evidence undermining the conclusion that the court had been seriously misled. The principles applicable to striking out do not apply to revocation of relief from sanctions for misleading the court.

Court Disposition

Appeal dismissed

Orders

  • Judgment against the Appellants for US$1,031,263,000 stands
  • No further relief from sanctions granted