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England and Wales High Court (Commercial Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> JSC BTA Bank v Ablyazov & Ors  EWHC 90 (Comm) (28 January 2010)
Cite as:  EWHC 90 (Comm)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| JSC BTA Bank
|- and -
|(1) MUKHTAR ABLYAZOV
(2) ROMAN SOLODCHENKO
(3) ZHAKSYLYK ZHARIMBETOV
(4) DREY ASSOCIATES LIMITED
(5) ANTHONY EDWARD THOMAS STROUD
(7) JOHN DOMINIC WILSON
(7) SARAH JULIET WILSON
Brian Doctor QC and Adam Tolley (instructed by Clyde & Co LLP) for the First Defendant
Hearing dates: 22 January 2010
Crown Copyright ©
Mr. Justice Teare:
"Without such permission of the Court, it is not possible for the Bank, or us, as its lawyers, to ascertain the accuracy of statements made by Mr. Ablyazov in his Schedule C answers as to the movement of monies under the Compensation Agreements, much of which is said by Mr. Ablyazov to have found its way back to the Bank.
The reason for the narrow permission sought by this Application is the need to ascertain the accuracy of Mr. Ablyazov's account as to the movement of the funds described in the Chart (being funds to which the Bank has a proprietary claim). This information is of crucial importance in enabling the Bank to trace the monies misappropriated from it."
"In the light of the passage in Professor Bowring's report that information handed to the Bank "would inevitably find their way into the hands of the authorities" it is not possible for me to regard the risk as fanciful notwithstanding the assurances given by Mr. Varenko and Mr. Dunayev."
"I am informed that Mr. Ablyazov is concerned that persons in Kazakhstan who have had dealings with him or companies associated with him could be ill-treated if the authorities wanted information from them. I can confirm that in my opinion this is a real danger in Kazakhstan. "
"If and when such names were obtained by the Kazakhstan prosecuting authorities, there is the obvious risk that the individuals in question will be subjected to interrogation, arrest and possibly imprisonment (or worse), in order to punish them for an actual or perceived association with Mr. Ablyazov, and thereby also put pressure on Mr. Ablyazov himself. "
"It is clearly unsafe to proceed on the basis nothing untoward has happened or will happen to anyone associated with the companies mentioned in the Schedule C disclosure. Such adverse consequences have already befallen Mr. Rizoyev and there may well be others of whom I am presently unaware who have already been subjected to such treatment. "