JSC Mezhdunarodny Promyshlenniy Bank & Anor v Pugachev

JSC Mezhdunarodny Promyshlenniy Bank & Anor v Pugachev

There is ample evidence of a real risk that Mr Pugachev would not return if allowed to travel to France. The protections offered are inadequate. The restriction on his movement is justified and proportionate in the circumstances. The judge applied the correct legal principles and there is no basis for appellate intervention.

Parties
Claimant: JSC Mezhdunarodny Promyshlenniy Bank; Claimant: Deposit Insurance Agency; Defendant: Sergei Victorovich Pugachev
Jurisdiction
England and Wales
Judgment Date
29 May 2015
Procedural Posture
Civil Appeal / Appeal From High Court Refusal to Suspend Passport Order
Outcome
appeal dismissed
Legal Topics
Passport Impounding, Freezing Orders, Flight Risk, Proportionality, Enforcement of Court Orders
Civil Procedure Insolvency Injunctions Passport Impounding Freezing Orders Flight Risk Proportionality Enforcement of Court Orders

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Parties

JSC Mezhdunarodny Promyshlenniy Bank

Claimant

Deposit Insurance Agency

Claimant

Sergei Victorovich Pugachev

Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Refusal to Suspend Passport Order

Legal Issues

  1. 1 Whether the continued restraint on Mr Pugachev's passport is justified and proportionate
  2. 2 Whether the risk of flight is sufficient to warrant the order
  3. 3 Whether the judge properly applied the legal principles for restricting movement

Ratio Decidendi

There is ample evidence of a real risk that Mr Pugachev would not return if allowed to travel to France. The protections offered are inadequate. The restriction on his movement is justified and proportionate in the circumstances. The judge applied the correct legal principles and there is no basis for appellate intervention.

Court Disposition

appeal dismissed

Orders

  • The appeal against the refusal to suspend the passport order is dismissed.
  • The passport order restraining Mr Pugachev from leaving the jurisdiction remains in force.