Source: All England Reporter
Publisher Citation: [2012] All ER (D) 87 (Oct)
Neutral Citation: [2012] EWHC 2698 (Comm)
Court: Queen's Bench Division, Commercial Court

Teare J

Representation Stephen Smith QC and  Timothy Akkouh (instructed by Hogan Lovells International LLP) for the bank.
  Cyril Kinsky QC and P Griffiths (instructed by Edwin Coe LLP) for the applicants.
Judgment Dates: 8 October 2012


Practice - Pre-trial or Post-judgment relief - Receiver - Bank bringing claim against various defendants for fraud (claim) - Applicant shareholders or directors of fifth defendant company applying to court for permission to appoint receiver to defendant claim against fifth defendant - Applicants not being parties to claim - Whether court having jurisdiction to determine application - Whether application to be granted.

The Case

Practice Pre-trial or Post-judgment relief. A bank brought a claim alleging large-scale bank fraud against various defendants, including Mukhtar Ablyazov. The applicants were not parties to the claim but were shareholders or directors of one of the defendants to the claim (U). Prior to the trial of the claim, the applicants applied to court for the appointment of a receiver of U for the purposes of defending the claim. The Commercial Court, in granting the application, held that it had jurisdiction to determine the application and that it was in the interests of justice that U was represented at the forthcoming trial.

Practice Areas

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