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England and Wales decisions
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The High Court annulled a bankruptcy order after finding no change of domicile to Austria, but held the order ought not to have been made as a matter of discretion.
Vesnin v Queeld Ventures Ltd & Ors [2025] EWCA Civ 951 (22 July 2025)
Court of Appeal considered issue estoppel, Tomlin order construction, and standing to oppose recognition of a Russian bankruptcy. It allowed the standing appeal but otherwise rejected the challenges.
The High Court recognised a Russian bankruptcy order and trustee, held the respondents lacked standing to oppose recognition, and granted limited assistance for share-related proceedings.
The Recognition Defence and Collateral Purpose Plea were struck out as misconceived and without prospect of success; the Trustee's standing is established by the extant Recognition Order, and collateral purpose is not a bar in these proceedings. The Movables Defence, Sanctions Plea, and Maintenance and Champerty Plea were not struck out or summarily determined, as they raise fact-sensitive issues and potential abuse of process or public policy concerns that require trial.
Source excerpt
The High Court made a final third party debt order where Lithuanian insolvency proceedings had not yet been recognised in England and Wales.
OOO Nevskoe (No. 1), Re [2023] EWHC 15 (KB) (11 January 2023)
Final third party debt order granted despite pending but unrecognised Lithuanian insolvency proceedings, subject to disclosure and liberty to apply on an assignment issue.
Vneshprombank LLC v Bedzhamov [2022] EWHC 1166 (Ch) (20 May 2022)
The High Court considered whether a worldwide freezing order could be varied to allow use of property-sale proceeds for Bedzhamov’s legal and living expenses, and granted relief in principle.
Emerald Pasture Designated Activity Company & Ors v Cassini SAS & Anor [2021] EWHC 2443 (Ch) (27 August 2021)
The High Court held that French safeguarding proceedings did not extinguish information covenants in a non-ongoing loan agreement and granted declarations in the lenders’ favour.
WWRT Ltd v Tyshchenko & Anor [2021] EWHC 939 (Ch) (21 April 2021)
The High Court held Mr Tyshchenko was domiciled in England, refused a stay on insolvency grounds, continued a worldwide freezing order, and ordered asset cross-examination.
The court held that monies in court and bank-held funds were subject to Candey’s charge, but the charge was floating, so section 245 Insolvency Act 1986 potentially limited it.
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