JSC BTA Bank v Ablyazov & Ors

JSC BTA Bank v Ablyazov & Ors

The court has jurisdiction to order the defendant to surrender to the tipstaff and to make a further disclosure order of assets. An unless order is appropriate where there is a substantial risk that non-disclosure will impede enforcement of judgment and overall fairness. The unless order should be stayed pending appeal to avoid prejudice to trial preparation.

Parties
Claimant: JSC BTA Bank; Defendant: Mukhtar Ablyazov
Jurisdiction
England and Wales
Judgment Date
29 February 2012
Procedural Posture
Commercial Court Civil Action / Interlocutory Application for Mandatory Injunction and Unless Order
Outcome
Application granted in part
Legal Topics
Mandatory Injunction, Disclosure of Assets, Committal for Contempt, Unless Order, Freezing Order
Civil Procedure Commercial Law Mandatory Injunction Disclosure of Assets Committal for Contempt Unless Order Freezing Order

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Parties

JSC BTA Bank

Claimant

Mukhtar Ablyazov

Defendant

Procedural Posture

Commercial Court Civil Action / Interlocutory Application for Mandatory Injunction and Unless Order

Legal Issues

  1. 1 Whether the court has jurisdiction to order the defendant to surrender to the tipstaff
  2. 2 Whether a further disclosure order should be made
  3. 3 Whether an unless order should be granted striking out the defence for non-compliance

Ratio Decidendi

The court has jurisdiction to order the defendant to surrender to the tipstaff and to make a further disclosure order of assets. An unless order is appropriate where there is a substantial risk that non-disclosure will impede enforcement of judgment and overall fairness. The unless order should be stayed pending appeal to avoid prejudice to trial preparation.

Court Disposition

Application granted in part

Orders

  • Mandatory injunction requiring Mr Ablyazov to surrender to the tipstaff
  • Order for Mr Ablyazov to file a further affidavit disclosing his assets