In financial remedy proceedings, the court upheld a £3.5m family debt assigned to the brother, found no undue influence or incapacity, and dismissed a section 37 challenge.
The Interveners are granted liberty to apply because their potential claim is directly related to the injunction, procedural economy and the overriding objective support allowing them to bring any claim for loss within these proceedings, and the Court's jurisdiction permits such liberty. The Court does not opine on the merits of any claim, only on the procedural avenue.
BB Energy (Gulf) DMCC & Anor v Republic of South Sudan & Ors [2025] EWHC 3490 (Comm) (12 December 2025)
The Commercial Court granted interveners liberty to apply within existing proceedings to bring a claim for loss allegedly caused by an interim injunction.
The applicant had been given a reasonable opportunity to make representations regarding her interest in the property during the section 10A determination, and there was no serious risk of injustice in binding the court to that determination. The fresh evidence sought to be admitted was not relevant or sufficient to reopen the issue. Leave to appeal was refused.
London Capital & Finance PLC & Ors v Golding [2025] EWHC 891 (Ch) (17 February 2025)
The High Court extended receivership over additional assets, shortened the delivery-up period, and noted third parties could apply under CPR rule 40.9.
The arbitration agreements between Renaissance and the Defendants, properly construed, do not extend to restrain claims by the Defendants against the RREs (Renaissance affiliates) in Russia. The agreements are limited to disputes between the parties to the ISAs. There is no contractual or vexatious/oppressive basis to grant an anti-suit injunction restraining the Russian proceedings against the RREs. The application to vary or clarify the injunction is refused.
Renaissance Securities (Cyprus) Ltd, Re [2024] EWHC 2843 (Comm) (06 November 2024)
The Commercial Court refused to extend an anti-suit injunction to Russian claims against non-party affiliates, holding the arbitration clause did not cover them.
The judge was correct to refuse approval of the proposed consent order pending resolution of substantial third party litigation, as the scale and uncertainty of the husband's potential liability rendered any assessment of net assets unsafe. Section 33A MCA 1973 empowered the judge to inquire into circumstances beyond the parties' agreement, and the interests of PrivatBank, though not proprietary, were material given the risk of the husband's assets being wiped out. The adjournment was not an impermissible prioritisation of PrivatBank but a necessary case management step to avoid false assumpt…