JSC BTA Bank v Mukhtar Ablyazov and Others: QBD 16 Oct 2009

Application by the claimants for an order that the first defendant attend for cross-examination upon his affidavits as to assets and as to his answers to questions posed.

Teare J
[2009] EWHC 2833 (QB)
Bailii
England and Wales
Citing:
CitedHouse of Spring Gardens v Waite CA 1991
The principle of abuse of process is capable of applying where the relevant earlier proceedings have taken place before a foreign court (Ireland). In this case the defendants argued that the judgment obtained in Ireland had been obtained . .
CitedYukong Lines v Rendsburg Investment Corporation CA 17-Oct-1996
An order for cross examination in an application for a Mareva order is exceptional, but permissible if it is just and convenient that such an order should be made. In applying the test of whether it would be ‘just and convenient’ to make the order, . .
CitedDen Norske Bank ASA v Antonatos and Another CA 7-Apr-1998
The defendants appealed orders requiring them to attend court and provide evidence under cross-examination. They claimed a prvilege against self-incrimination.
Waller LJ said: ‘A witness is entitled to claim the privilege in relation to any . .

Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 27 December 2021; Ref: scu.541927