F.G. Financing Limited & Anor. v Mykola Lagun

F.G. Financing Limited & Anor. v Mykola Lagun

The court has no jurisdiction to extend time for filing a notice of appeal as no application was made at the relevant hearing or adjourned hearing, and the applicable CPR rule is materially different from the authority relied on by the claimants. The restoration application raises serious jurisdictional issues under the arbitration agreement, Arbitration Act 1996, and LCIA rules, which require a full hearing for determination.

Parties
Claimant: F. G. Financing Limited; Claimant: Nonolet Inc; Defendant: Mr Mykola Lagun
Jurisdiction
England and Wales
Judgment Date
24 January 2023
Procedural Posture
Commercial Court Application (restoration and Extension of Time) / Interlocutory Applications Ruling
Outcome
Application for extension of time to appeal dismissed; restoration application to be set down for a half-day hearing with directions for evidence and skeleton arguments.
Legal Topics
Worldwide Freezing Order, Jurisdiction Under Arbitration Act 1996, Extension of Time for Appeal, Interpretation of Arbitration Agreements
Arbitration Civil Procedure Worldwide Freezing Order Jurisdiction Under Arbitration Act 1996 Extension of Time for Appeal Interpretation of Arbitration Agreements

Case Brief

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Parties

F. G. Financing Limited

Claimant

Nonolet Inc

Claimant

Mr Mykola Lagun

Defendant

Procedural Posture

Commercial Court Application (restoration and Extension of Time) / Interlocutory Applications Ruling

Legal Issues

  1. 1 Whether the court has jurisdiction to restore the application to continue or discharge the WFO
  2. 2 Whether the court has jurisdiction to extend time for filing a notice of appeal
  3. 3 Interpretation of clause 15.1(b) of the deeds of suretyship and section 44(4) Arbitration Act 1996

Ratio Decidendi

The court has no jurisdiction to extend time for filing a notice of appeal as no application was made at the relevant hearing or adjourned hearing, and the applicable CPR rule is materially different from the authority relied on by the claimants. The restoration application raises serious jurisdictional issues under the arbitration agreement, Arbitration Act 1996, and LCIA rules, which require a full hearing for determination.

Court Disposition

Application for extension of time to appeal dismissed; restoration application to be set down for a half-day hearing with directions for evidence and skeleton arguments.

Orders

  • Order extending time for permission to appeal set aside and application dismissed.
  • Directions given for evidence and skeleton arguments on the restoration application.