JSC Commercial Bank Privatbank v Kolomoisky

JSC Commercial Bank Privatbank v Kolomoisky

The Bank should pay 80% of Mr Kolomoisky’s assessed costs of the application and Mr Kolomoisky should pay 20% of the Bank’s assessed costs, reflecting their respective successes and failures on the affidavit and cross-examination applications. A payment on account of £91,596 by the Bank to Mr Kolomoisky is reasonable based on the court’s assessment of likely recoverable costs.

Parties
Claimant: JSC Commercial Bank PrivatBank; Defendant: Igor Valeryevich Kolomoisky
Jurisdiction
England and Wales
Judgment Date
12 March 2021
Procedural Posture
Civil (costs Application) / Post Judgment Costs Determination
Outcome
Costs order; payment on account ordered
Legal Topics
Costs Assessment, Freezing Orders, Cross Examination of Assets, Affidavit Provision
Civil Procedure Banking Law Costs Assessment Freezing Orders Cross Examination of Assets Affidavit Provision

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Parties

JSC Commercial Bank PrivatBank

Claimant

Igor Valeryevich Kolomoisky

Defendant

Procedural Posture

Civil (costs Application) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the claimant or defendant should bear the costs of the application for cross-examination and affidavit provision
  2. 2 Whether a payment on account of costs should be ordered and in what amount

Ratio Decidendi

The Bank should pay 80% of Mr Kolomoisky’s assessed costs of the application and Mr Kolomoisky should pay 20% of the Bank’s assessed costs, reflecting their respective successes and failures on the affidavit and cross-examination applications. A payment on account of £91,596 by the Bank to Mr Kolomoisky is reasonable based on the court’s assessment of likely recoverable costs.

Court Disposition

Costs order; payment on account ordered

Orders

  • The Bank to pay 80% of Mr Kolomoisky’s assessed costs of the application.
  • Mr Kolomoisky to pay 20% of the Bank’s assessed costs of the application.