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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> JSC BTA Bank v Mukhtar Ablyazov & Ors  EWHC 2833 (QB) (16 October 2009)
Cite as:  EWHC 2833 (QB)
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QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
|JSC BTA BANK||Applicant/Claimant|
|- and -|
|MUKHTAR ABLYAZOV & ORS||Respondents/Defendants|
Tel No: 020 7422 6131 Fax No: 020 7422 6134
Web: www.merrillcorp.com/mls Email: firstname.lastname@example.org
(Official Shorthand Writers to the Court)
Crown Copyright ©
"In my judgment the test is simply whether, in all the circumstances, it is both just and convenient to make the order. In applying this test the court will have regard to the fact that it is a very considerable imposition to subject a defendant to cross-examination and consider carefully whether or not alternative means of achieving the same end that are less burdensome. The Court has to weigh the various options in order to decide which best meet the dual requirements of justice and convenience."
"It is finally important to recognise that it is only in exceptional circumstances that cross-examination would be ordered on an affidavit sworn pursuant to a Mareva order."
And reference is made to the decision of House of Spring Gardens Ltd v Waite  1 QB 241.