JSC Commercial Bank “PrivatBank” v Igor Valeryevich Kolomoisky & Ors

JSC Commercial Bank “PrivatBank” v Igor Valeryevich Kolomoisky & Ors

Ds3-8 are permitted to amend their defence as the proposed amendments are a further development of existing arguments, are supported by expert evidence, and are arguable with a degree of conviction. The amendments do not prejudice the Bank's trial preparation and the law on capping unjust enrichment liability by reference to claimant's loss is not settled.

Parties
Claimant: JSC Commercial Bank PrivatBank; Defendant: Igor Valeryevich Kolomoisky; Defendant: Gennadiy Borisovich Bogolyubov; Defendant: Teamtrend Limited; Defendant: Trade Point Agro Limited; Defendant: Collyer Limited; Defendant: Rossyn Investing Corp; Defendant: Milbert Ventures Inc; Defendant: ZAO Ukrtransitservice Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial / Application for Permission to Amend Defence
Outcome
permission to amend defence granted
Legal Topics
Amendment of Pleadings, Unjust Enrichment, Quantum of Loss, Restitution
Civil Procedure Commercial Law Amendment of Pleadings Unjust Enrichment Quantum of Loss Restitution

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 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

JSC Commercial Bank PrivatBank

Claimant

Igor Valeryevich Kolomoisky

Defendant

Gennadiy Borisovich Bogolyubov

Defendant

Teamtrend Limited

Defendant

Trade Point Agro Limited

Defendant

Collyer Limited

Defendant

Rossyn Investing Corp

Defendant

Milbert Ventures Inc

Defendant

ZAO Ukrtransitservice Ltd

Defendant

Procedural Posture

Commercial / Application for Permission to Amend Defence

Legal Issues

  1. 1 Whether Ds3-8 should be granted permission to amend their defence to the unjust enrichment claim
  2. 2 Whether the amendments are supported by evidence and have a real prospect of success
  3. 3 Whether liability in unjust enrichment should be capped at the value of the claimant's loss

Ratio Decidendi

Ds3-8 are permitted to amend their defence as the proposed amendments are a further development of existing arguments, are supported by expert evidence, and are arguable with a degree of conviction. The amendments do not prejudice the Bank's trial preparation and the law on capping unjust enrichment liability by reference to claimant's loss is not settled.

Court Disposition

permission to amend defence granted

Orders

  • Parties to agree and submit for approval an order reflecting the terms of this ruling