JSC BTA Bank v Ablyazov and Others: ComC 10 May 2011

Second judgment concerning the Claimant’s application to dismiss the Defendants’ application to stay the Claimant’s actions on the grounds of abuse of process. The court was now asked whether it is arguable that the actions should be stayed on the grounds that they had been pursued for a collateral purpose and so were an abuse of the process of the court. The alleged collateral purpose was that the actions have been brought to assist the President of Kazakhstan in his scheme to eliminate Mr. Ablyazov as a political opponent.

Judges:

Teare J

Citations:

[2011] EWHC 1136 (Comm)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedMayor of Bradford v Pickles HL 29-Jul-1895
The plaintiffs sought an injunction to prevent the defendant interfering with the supply of water to the city. He would have done so entirely by actions on his own land.
Held: The plaintiffs could have no property in the water until it came on . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 13 September 2022; Ref: scu.440241