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’.
Judges:
Christopher Clarke J
Citations:
[2010] EWHC 2219 (QB), [2010] 2 CLC 329, [2010] EWHC 2352 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Derby and Co Ltd v Weldon (Nos 3 and 4) CA 1990
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. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
Appeal against disclosure orders made in support of freezing order. . .
See Also – JSC BTA Bank v Ablyazov and Others CA 27-Oct-2009
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 12-Nov-2009
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 11-Dec-2009
Applications to correct suggested error in earlier order for stay. . .
See Also – JSC BTA Bank v Ablyazov and Others ComC 28-Jan-2010
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 17-Mar-2010
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 16-Jul-2010
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 . .
Cited by:
See Also – JSC BTA Bank v Ablyazov and Others (Rev 1) ComC 24-Aug-2010
Application for an ‘unless’ order debarring the respondents from defending and entitling the claimant to enter judgment unless certain information and documents were provided. . .
See Also – JSC BTA Bank v A CA 19-Oct-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 21 August 2022; Ref: scu.424879