References:  EWCA Civ 1141
Coram: Maurice Kay VP, Longmore, Patten LJJ
Ratio: The court heard an appeal in private, against the order of Teare J imposing a receivership on the assets of Mr A pending the trial of claims made against him for misappropriations allegedly made by him while he was chairman of the claimant bank in Kazakhstan
Jurisdiction: England and Wales
This case cites:
- Cited – Derby and Co Ltd v Weldon (Nos 3 and 4) CA ( Ch 65, Times 09-Nov-90,  2 WLR 412)
The plaintiff had obtained an asset freezing order against a defendant Panamanian Company, which now appealed saying that it was inappropriate to make such an order where the company had no assets in the jurisdiction.
Held: The appeal failed. . .
- Cited – Derby v Weldon (No. 3) ChD (Unreported, 7 November 1988)
The plaintiff alleged conspiracy to defraud in a sum in excess of andpound;25m. During the application for a freezing order the stance of the defendant had been one of ‘taciturnity’ and non-disclosure. But on the last day of the hearing it was said . .
- See Also – JSC BTA Bank v Ablyazov and Others CA (Bailii,  EWCA Civ 1125,  WLR(D) 311,  1 All ER (Comm) 102, WLRD)
Appeal against disclosure orders made in support of freezing order. . .
- See Also – JSC BTA Bank v Ablyazov and Others CA (Times 12-Nov-09, Bailii,  EWCA Civ 1124,  Lloyd’s Rep FC 105,  CP Rep 8,  1 Cr App R 9,  1 WLR 976)
The court considered a Defendant’s appeal asking whether section 13 of the 2006 Act removed the privilege against self-incrimination in respect of an offence under section 328 of the 2002 Act. The defendant contended that were it to comply with the . .
- See Also – JSC BTA Bank v Ablyazov and Others ComC (Bailii,  EWHC 2840 (Comm))
The claimant sought continuation of a freezing order in a claim brought against senior officers of the company. . .
- See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC (Bailii,  EWHC 3267 (Comm),  1 All ER (Comm) 1040,  2 CLC 967)
Applications to correct suggested error in earlier order for stay. . .
- See Also – JSC BTA Bank v Ablyazov and Others ComC (Bailii,  EWHC 90 (Comm))
The claimant sought a order that information released to it under court order could be used for additional purposes beyond those allowed. . .
- See Also – JSC BTA Bank v Ablyazov and Others ComC (Bailii,  EWHC 545 (Comm))
Application by Claimant to set aside an order obtained ex parte so as to ensure that the hearing of an application issued by the Claimant for a receiver to be appointed in respect of the First Defendant’s assets be in private, that the public should . .
- See Also – JSC BTA Bank v Ablyazov ComC (Bailii,  EWHC 1779 (Comm))
The former bank in Kazakhstan had been nationalised to prevent its liquidation, and now sought recovery of sums said to have been taken by its former chairman: ‘The Court has to determine three applications. The first is an application by the Bank . .
- See Also – JSC BTA Bank v Ablyazov and Others QBD (Bailii,  EWHC 2219 (QB),  2 CLC 329,  EWHC 2352 (Comm))
When considering a strike out application, the judge should consider ‘the effect of making, or not making, the order sought on the overall fairness of the proceedings and the wider interests of justice as reflected in the overriding objective’. . .
- See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC (Bailii,  EWHC 2352 (Comm))
Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. . .
(This list may be incomplete)
Last Update: 05 November 2019