JSC BTA Bank v Ablyazov [2018] EWHC 1368 (Comm)



Judge: Patricia Robertson QC (Sitting as a Judge of the High Court)

Citation: [2018] EWHC 1368 (Comm)

Summary:

An application for full disclosure in relation to funding arrangements was granted when there was a properly arguable case that that party’s legal expenses were being paid from frozen funds.

Longer text:

In proceedings between a bank and two Defendants in respect of whom Worldwide Freezing Orders were in force, the First Defendant fled the jurisdiction, leaving the Second Defendant to deal with the litigation.  The bank alleged that the Second Defendant had been involved in diminishing the value of the First Defendant’s assets in the knowledge that he was subject to a WFO and that both Defendants had conspired together to prevent the bank making recoveries in respect of the monies which the First Defendant misappropriated from the bank, in respect of which the bank had obtained judgments.

The Second Defendant asserted that his mother was funding his legal expenses, but the bank did not accept that she had the means to do so.  They suggested that the expenses might be being met by the First Defendant through the use of nominees, or that the Second Defendant might be using concealed assets of his own.  In either case, this would constitute a breach of the WFO.  The Court granted the bank’s application requiring the Second Defendant to provide full disclosure regarding the way in which his legal expenses were being funded.

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