A recent judgment in Kevin Hellard & Ors v OJSC Rossiysky Kredit Bank (in liquidation) & Ors [2024] EWHC 1783 (Ch) the High Court considers the ‘ownership and control’ test in Bankruptcy, involving trustee powers and Russian Bank creditors.
The jurisdiction to grant an anti-suit injunction (ASI) arises in two broad categories of case:
- Where a claimant can invoke a contractual provision conferring on him the right to be sued in a particular forum;
- Where the claimant can point to clearly unconscionable conduct or threat of unconscionable conduct on the part of the party sought to be restrained.
(see Seismic Shipping Inc & Anor v Total E & P UK plc (The Western Regent) 2005 EWCA Civ 985)
Syedur Rahman considers the significance of the April 2020 judgment in Byers & Ors V Samba
The latest hearing in the case of the US $300million claim of Byers & Ors v Samba Financial Bank took place over three days at the end of February 2020. The Court handed down its judgment on 8th April 2020.
This judgment is a significant one on several points:
Syedur Rahman of Rahman Ravelli examines a case that ruled on whether a Warning Notice can be issued while there is a liquidation stay on action and proceedings.
As the saga continues following the collapse of the facilities management and construction services group Carillion, so does the legal fall-out regarding the company and its regulation by the Financial Conduct Authority (FCA).