JSC BTA Bank v Solodchenko & Ors

JSC BTA Bank v Solodchenko & Ors

The court exercised its discretion to make the order sought by the claimant, with the condition that notice and papers be served on Mr Ablyazov, granting him liberty to apply within 14 days if he wishes to object, thus balancing procedural fairness and practical considerations.

Parties
Claimant and Applicant: JSC BTA Bank; Defendants and Respondents: Roman Solodchenko and others; Defendants and Respondents: Paul Kythreotis and others; Proposed Respondent: Mr Ablyazov
Jurisdiction
England and Wales
Judgment Date
23 May 2011
Procedural Posture
Civil / Interlocutory Application
Outcome
Order granted with conditions
Legal Topics
Use of Disclosed Documents, Committal Proceedings, Notice Requirements, Joinder of Parties
Civil Procedure Use of Disclosed Documents Committal Proceedings Notice Requirements Joinder of Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

JSC BTA Bank

Claimant and Applicant

Roman Solodchenko and others

Defendants and Respondents

Paul Kythreotis and others

Defendants and Respondents

Mr Ablyazov

Proposed Respondent

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether notice of the application should be given to Mr Ablyazov before making an order
  2. 2 Whether Mr Ablyazov is a proper or necessary respondent to the application
  3. 3 Whether the application should be dealt with in the Chancery Division or in the context of the committal proceedings in the Commercial Court

Ratio Decidendi

The court exercised its discretion to make the order sought by the claimant, with the condition that notice and papers be served on Mr Ablyazov, granting him liberty to apply within 14 days if he wishes to object, thus balancing procedural fairness and practical considerations.

Court Disposition

Order granted with conditions

Orders

  • Order made as sought by the claimant
  • Service of application and papers to be effected on Mr Ablyazov via his solicitors