Trans-Oil International SA v (Savoy Trading LP & Anor

Trans-Oil International SA v (Savoy Trading LP & Anor

The applicant failed to establish a good arguable case that Mr Melnykov is personally liable under the contract or that the court has jurisdiction to grant a freezing order against him under CPR PD6B 3.1(6)(c) or CPR 62.5. The evidence of risk of dissipation by Mr Melnykov was weak and insufficient to justify a...

Source-derived case information.

Parties
Applicant: Trans-Oil International SA; Respondent: Savoy Trading LP; Respondent: Ivan Melnykov
Jurisdiction
England and Wales
Judgment Date
16 January 2020
Procedural Posture
Commercial Court Application / Ruling on Application to Vary Worldwide Freezing Order
Outcome
Application refused
Legal Topics
Freezing Injunctions, Jurisdiction, Arbitration Agreements, Personal Liability, Partnership Law
Civil Procedure Arbitration Commercial Law Freezing Injunctions Jurisdiction Arbitration Agreements Personal Liability Partnership Law

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Parties

Trans-Oil International SA

Applicant

Savoy Trading LP

Respondent

Ivan Melnykov

Respondent

Procedural Posture

Commercial Court Application / Ruling on Application to Vary Worldwide Freezing Order

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a freezing order against Mr Melnykov
  2. 2 Whether Mr Melnykov is personally liable under the contract
  3. 3 Whether Mr Melnykov can be named in the penal notice as a de facto partner/director

Ratio Decidendi

The applicant failed to establish a good arguable case that Mr Melnykov is personally liable under the contract or that the court has jurisdiction to grant a freezing order against him under CPR PD6B 3.1(6)(c) or CPR 62.5. The evidence of risk of dissipation by Mr Melnykov was weak and insufficient to justify a freezing order. CPR 81.4(3) does not extend to partners or de facto partners, so Mr Melnykov cannot be named in the penal notice.

Court Disposition

Application refused

Orders

  • Application to vary worldwide freezing order to add Mr Melnykov refused
  • Application to name Mr Melnykov in penal notice refused