WWRT v Serhiy Tyshchenko & Anor

WWRT v Serhiy Tyshchenko & Anor

The applications are abusive of process as they repeat arguments previously rejected or that could have been raised earlier. The assignment argument, banking records argument, fraud argument, and DGF claims argument are all unmeritorious and unsuitable for summary determination given disputed expert evidence. No grounds exist for strike out or stay of proceedings.

Parties
Claimant: WWRT; Defendant: Serhiy Tyshchenko; Defendant: Olena Tyshchenko
Jurisdiction
England and Wales
Judgment Date
25 January 2023
Procedural Posture
Civil / Ruling on Applications to Strike Out or Stay Claim and Revoke Freezing Order
Outcome
Applications dismissed
Legal Topics
Strike Out Applications, Abuse of Process, Assignment of Claims, Freezing Orders, Foreign Law Evidence
Civil Procedure Fraud Banking Law Conflict of Laws Strike Out Applications Abuse of Process Assignment of Claims Freezing Orders +1 more

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Parties

WWRT

Claimant

Serhiy Tyshchenko

Defendant

Olena Tyshchenko

Defendant

Procedural Posture

Civil / Ruling on Applications to Strike Out or Stay Claim and Revoke Freezing Order

Legal Issues

  1. 1 Whether the assignment from DGF to Star and then to WWRT included tortious claims under Article 1166 of the Ukrainian Civil Code
  2. 2 Whether the banking records relied upon by WWRT were unlawfully obtained
  3. 3 Whether fraud claims under Ukrainian law must be pursued as criminal claims

Ratio Decidendi

The applications are abusive of process as they repeat arguments previously rejected or that could have been raised earlier. The assignment argument, banking records argument, fraud argument, and DGF claims argument are all unmeritorious and unsuitable for summary determination given disputed expert evidence. No grounds exist for strike out or stay of proceedings.

Court Disposition

Applications dismissed

Orders

  • All four applications by the defendants are dismissed.
  • No stay or strike out of proceedings is granted.