JSC BTA Bank v Ablyazov

A case on whether a court can grant an unless order where there is an ongoing challenge to the court's jurisdiction to make a freezing order.

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JSC BTA Bank v Ablyazov

Whether court could grant an unless order where there was an ongoing challenge to the court's jurisdiction to make a freezing order

http://www.bailii.org/cgibin/markup.cgi?doc=/ew/cases/EWHC/QB/2010/2219.html&query=title+(+ablyazov+)&method=boolean

The bank alleges that it was defrauded by the defendant who used certain companies as his vehicles. Freezing orders were obtained by the bank against those companies. The freezing orders were backed up with disclosure orders, requiring the companies to disclose what assets they held and what had happened to monies paid out by the bank. The companies did not comply with those disclosure orders. Instead, they challenged the jurisdiction of the English court and sought to have the freezing orders set aside. The bank applied to the court for an "unless order", debarring the companies from defending and entitling it to enter judgment unless the relevant information was provided. The issue was whether the court could make such an order while the jurisdictional challenge was ongoing.

Clarke J said that it could. Prior cases have stressed the importance of compliance with the disclosure provisions of...