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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 2988 (Comm) (17 November 2011)
Cite as:  EWHC 2988 (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) ILDAR GAYAREVICH KHAZHAEV
Philip Marshall QC and Matthew Morrison (instructed by Hogan Lovells LLP) for the Claimant
Hearing date: 11 November 2011
Crown Copyright ©
Mr. Justice Teare :
The Paveletskaya action
The application to set aside
The extension of time
The permission for alternative service
i) The process of service in Russia is voluntary in the sense that all depended upon a summons from a district court judge being served on the defendant personally or on a family member with that person's agreement. If that does not happen the summons is returned to the court and service of the foreign process cannot take place.
ii) In circumstances where the Second Defendant has clearly stated that he does not wish to incur the costs of defending the Paveletskaya proceedings at the same time as defending the Chrysopa proceedings it can hardly be expected that the Second Defendant will accept personal service of the summons in Russia or permit a family member to do so on his behalf.
iii) Both the Second Defendant's apartment and that of his family are in apartment blocks to which the Second Defendant and his family could refuse entry to the court bailiff.