Representation of Standish and Others [2011] JRC 239A (23 December 2011)

Representation of Standish and Others [2011] JRC 239A (23 December 2011)

The Royal Court has inherent jurisdiction to recognise foreign receivers appointed by a court with sufficient connection to the defendant; in this case, Mr Ablyazov's residence in England constitutes such a connection. Recognition is granted, but with limitations to ensure local judicial oversight over compelled disclosure and attendance.

Citation
[2011] JRC 239A
Parties
Applicant: Representors (the Receivers); Plaintiff (in English Proceedings): JSC BTA Bank; Defendant (in English Proceedings): Mr Ablyazov; Administrator (of Eurasia Logistics Limited): Nautilus Trust Company Limited
Jurisdiction
Jersey
Judgment Date
23 December 2011
Procedural Posture
Application for Recognition of Foreign Receivership Order / Judgment on Application
Outcome
application granted in part
Legal Topics
Recognition of Foreign Receivers, Enforcement of Foreign Court Orders, Asset Preservation, Conflict of Laws
Private International Law Civil Procedure Recognition of Foreign Receivers Enforcement of Foreign Court Orders Asset Preservation Conflict of Laws

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Representors (the Receivers)

Applicant

JSC BTA Bank

Plaintiff (in English Proceedings)

Mr Ablyazov

Defendant (in English Proceedings)

Nautilus Trust Company Limited

Administrator (of Eurasia Logistics Limited)

Procedural Posture

Application for Recognition of Foreign Receivership Order / Judgment on Application

Legal Issues

  1. 1 Does the Royal Court have jurisdiction to recognise receivers appointed by a foreign court?
  2. 2 Is there a sufficient connection between the defendant and the foreign jurisdiction to justify recognition?
  3. 3 Should the receivership order be recognised and enforced in Jersey, and if so, with what limitations?

Ratio Decidendi

The Royal Court has inherent jurisdiction to recognise foreign receivers appointed by a court with sufficient connection to the defendant; in this case, Mr Ablyazov's residence in England constitutes such a connection. Recognition is granted, but with limitations to ensure local judicial oversight over compelled disclosure and attendance.

Court Disposition

application granted in part

Orders

  • Recognition of the receivership order and authority of the Receivers within Jersey granted, subject to limitations.
  • Sub-paragraphs (b) and (c) of paragraph 12C of the receivership order (compelling attendance and action) not recognised or enforceable in Jersey without further specific order.