Koldyreva v Motylev & Ors

Koldyreva v Motylev & Ors

The court found a good arguable case for recognition of the Russian bankruptcy and the intended claimant's appointment, a real risk of dissipation by Mr. Motylev, and that the balance of convenience favoured granting a worldwide freezing order. The requirements for Norwich Pharmacal relief were met against all four respondents. A passport surrender order was appropriate to ensure the effectiveness of the freezing and disclosure orders.

Parties
Intended Claimant: Anastasia Vladimirovna Koldyreva; Intended Defendant: Anatoly Leonidovich Motylev; Norwich Pharmacal Respondent: Coutts & Co; Norwich Pharmacal Respondent: Altus Investment Management Ltd; Norwich Pharmacal Respondent: Centtrip Limited; Norwich Pharmacal Respondent: Stuart Pierson
Jurisdiction
England and Wales
Judgment Date
11 September 2020
Procedural Posture
Civil (insolvency/bankruptcy, Asset Recovery, Norwich Pharmacal) / Ex Parte Application for Worldwide Freezing Order, Passport Surrender Order, and Norwich Pharmacal Orders
Outcome
Worldwide freezing order, passport surrender order, and Norwich Pharmacal orders granted (subject to final form of orders). Permission to issue claim form for recognition of Russian bankruptcy granted.
Legal Topics
Recognition of Foreign Bankruptcy, Worldwide Freezing Order, Norwich Pharmacal Relief, Passport Surrender Order, Risk of Dissipation, Common Law Recognition, Asset Tracing
Insolvency Civil Procedure Banking Law Recognition of Foreign Bankruptcy Worldwide Freezing Order Norwich Pharmacal Relief Passport Surrender Order Risk of Dissipation +2 more

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Parties

Anastasia Vladimirovna Koldyreva

Intended Claimant

Anatoly Leonidovich Motylev

Intended Defendant

Coutts & Co

Norwich Pharmacal Respondent

Altus Investment Management Ltd

Norwich Pharmacal Respondent

Centtrip Limited

Norwich Pharmacal Respondent

Stuart Pierson

Norwich Pharmacal Respondent

Procedural Posture

Civil (insolvency/bankruptcy, Asset Recovery, Norwich Pharmacal) / Ex Parte Application for Worldwide Freezing Order, Passport Surrender Order, and Norwich Pharmacal Orders

Legal Issues

  1. 1 Whether the English court should recognise the Russian bankruptcy and the appointment of the intended claimant as manager/trustee
  2. 2 Whether a worldwide freezing order should be granted against Mr. Motylev
  3. 3 Whether a passport surrender order is appropriate

Ratio Decidendi

The court found a good arguable case for recognition of the Russian bankruptcy and the intended claimant's appointment, a real risk of dissipation by Mr. Motylev, and that the balance of convenience favoured granting a worldwide freezing order. The requirements for Norwich Pharmacal relief were met against all four respondents. A passport surrender order was appropriate to ensure the effectiveness of the freezing and disclosure orders.

Court Disposition

Worldwide freezing order, passport surrender order, and Norwich Pharmacal orders granted (subject to final form of orders). Permission to issue claim form for recognition of Russian bankruptcy granted.

Orders

  • Worldwide freezing order against Mr. Motylev
  • Passport surrender order against Mr. Motylev (subject to terms)