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  • HOSKING – V – APAX PARTNERS LLP [2018] EWHC 2732 (CH)

    PCB’s defence on behalf of 33 respondents to a €1bn claim culminated in PCB’s clients being awarded indemnity costs. The Claimants’ case had collapsed after 4 days of a 6 week trial, but the Judge considered he was in a position to assess in broad terms the reasonableness of the pursuit and the manner of ...

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  • DANILINA V CHERNUKHIN [2018] EWCA Civ 1802

    In a decision that the Court of Appeal recognised was unusual, PCB successfully appealed the amount of security for costs that the Commercial Court had ordered should be provided by the Claimant. Having found that there was just a real risk that any cost order the client obtained would be unenforceable in Russia, the Commercial ...

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  • JSC BM-BANK V KEKHMAN [2018] EWHC 791 (Comm)

    PCB acted for the claimant bank in obtaining a judgment in excess of US$180 million against the Defendant after a 4 week trial. The claimant established that the defendant had deliberately misled the bank into lending monies to a borrower as a result of the unlawful acts of the defendant, who held the majority beneficial ...

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  • KMG INTERNATIONAL NV v. MELANIE ANNE CHEN & ANOR [2018] EWHC 1078 (Comm)

    PCB act for the Claimant, KMG, a Dutch company with international oil operations in various countries throughout Europe and Central Asia. It is seeking to enforce an arbitral award in the sum of US$200 million against DP Holdings (“DPH”), a Swiss company. It has commenced in the English Court proceedings against DPH’s former managing director, ...

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  • BANK ALKHAIR – V – AL REFAI [2018] EWHC 616 (Comm)

    PCB acted for the defendant in this long running mutli-million dollar dispute arising out of two actions. The Court had to determine whether liabilities owed to Mr Al Refai from the first action should be set off against liabilities for costs he owed to the bank in the second action or against a liability to ...

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  • HO – V – LLOYDS BANK PLC 29/1/18

    PCB acted for the claimant, who had been defrauded of substantial sums of money by being persuaded to transfer money into a bank account belonging to an unknown person. He was granted Norwich Pharmacal relief to obtain information about the account holder and what had happened to his funds. He was granted declaratory relief in ...

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  • QATCOM LLC V STEPHEN DEREK JONES AND OTHERS [2018] EWHC 492 (Comm)

    PCB acted for the claimant, an exclusively online ‘Yellow Pages’ style directory for businesses located in Qatar. It alleged that the first defendant engaged in fraudulent misconduct both during and following his tenure as the claimant’s general manager, including by (i) misappropriating (together with his wife and a company owned and controlled by him) substantial ...

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  • DANILINA – V – CHERNUKHIN [2018] EWHC 39 (Comm)

    PCB acted for the third defendant in successfully obtaining security for costs in relation to this multi-million dollar dispute. The Claimant was resident in Russia and there was evidence before the Court as to the difficulties in enforcing an English costs order in Russia. The Court considered that the correct approach was to make a ...

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  • CARLOS ANTONIO PARADA ABATE AS LIQUIDATOR OF ALBERTO SAMUEL CHANG RAJII, 13/9/2017

    PCB acted for Mr Parada in relation to his Chilean appointments as liquidator over the so-called ‘Chilean Madoff’, Alberto Samuel Chang Rajii and Onix Capital S.A.. This follows an alleged substantial fraud committed by Mr Chang for in excess of US$100m, which is believed to be Chile’s largest Ponzi scheme. In September 2017, PCB successfully applied ...

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  • BM-BANK JSC (FORMERLY OJSC BANK OF MOSCOW AND PJSC BM-BANK) – V – CHERNYAKOV AND EROKHOVA [2017] EWHC 2564 (Comm)

    PCB acted for the claimant bank in seeking to commit the defendants for contempt of court by failing to disclose assets in breach of court orders. The defendants did not attend the hearing and the court proceeded in their absence. In view of their deliberate decision not to attend the hearing so that they could ...

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  • HOSKING – V – APAX PARTNERS LLP [2017] EWHC 2126 (CH)

    PCB acted for the 9th to 42nd respondents in this €1bn claim brought by the liquidators of a Greek Telecommunications company against private equity interests under s423 of the Insolvency Act 1986. The litigation had originally been brought in the US, but was stayed on forum grounds at a relatively late stage in favour of ...

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  • ABELA – V – FAKIH [2017] EWHC 269 (Ch)

    PCB acted for the claimants in what is believed to be the first reported judgment regarding the jurisdiction of the Court to grant a search order against a third party. PCB had obtained a third party disclosure order against the respondent in respect of documents relevant to enforcement proceedings against the defendant. The disclosure provided ...

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  • RITZ HOTEL CASINO LIMITED – V – AL-GEABURY [2016] EWHC 1051 (QB)

    PCB acted for the claimant casino in relation to the enforcement of a judgment of £2.3m. Having obtained a worldwide freezing order, PCB sought to have the defendant committed to prison for his failure to disclose his assets. PCB successfully resisted an application to adjourn the committal hearing. The defendant was found beyond reasonable doubt ...

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  • ENG KING LIMITED – V – PETRILLO 4/5/2016

    PCB acted for the claimant in respect of US$17m invested with the defendant, alleging fraudulent misrepresentation and breach of fiduciary duty. The defendant disputed jurisdiction on the grounds that he was not domiciled in England and that the proceedings should be stayed as Russia or Belarus was clearly a more appropriate forum than England. PCB ...

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  • JSC BANK OF MOSCOW – V – CHERNYAKOV 20/5/2016

    PCB acted for the claimant bank seeking to enforce Russian judgments in the sum of approximately £150m against the defendant. A worldwide freezing order had been obtained by PCB and we were able to demonstrate that the asset disclosure provided had been unsatisfactory. Applying the principles in Jenington v Assaubayev (another successful PCB case on ...

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  • GOLDCREST DISTRIBUTION LIMITED – V – MCCOLE [2016] EWHC 1571 (Ch)

    PCB acted for the second defendant to a claim to enforce a charge granted over a house. The claim was defended on the basis that the charge amounted to a regulated mortgage contract which the claimant was not licensed to provide, that the charge was void under s284 of the Insolvency Act 1986 and that ...

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  • HOSKING – V – APAX PARTNERS LLP 19/7/2016

    PCB acted for a respondent to a claim brought by liquidators of a Greek telecommunications company, who alleged that the respondent (one of the world’s largest private equity funds) had sought to put approximately €1bn of assets beyond the reach of creditors and had traded fraudulently. The claims were brought pursuant to sections 213 and ...

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  • JSC BANK OF MOSCOW – V – CHERNYAKOV [2016] EWHC 2583 (Comm)

    PCB acted for the claimant bank seeking to enforce Russian judgments in the sum of approximately £150m against the defendant. The bank applied for summary judgment and in response the defendant sought to allege that the Russian judgments had been procured by fraud and/or should not be enforced on grounds of public policy. Following lengthy ...

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  • NILON LIMITED – V – ROYAL WESTMINSTER INVESTMENTS SA [2015] UKPC 2

    PCB acted for the defendant in proceedings brought against him and a BVI company in which he was the sole shareholder, alleging breach of contract in failing to issue shares in the BVI company to the claimants and seeking rectification of the share register. PCB successfully challenged the jurisdiction of the BVI Court at first ...

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  • ABELA – V – BAADARANI [2015] EWHC 2393 (Ch)

    PCB acted for the claimants seeking to enforce costs orders and judgments in excess of US$20m. Having obtained an order for oral examination of the defendant as a judgment debtor, the claimants were not satisfied that the defendant had complied with his obligations to provide various bank statements and other documents relating to his assets. ...

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  • RITZ HOTEL CASINO LIMITED – V – AL-GEABURY [2015] EWHC 2294 (QB)

    PCB acted for the claimant casino in obtaining judgment for dishonoured cheques and resisting the defendant’s multi-million pound counterclaim. The defendant alleged that he had a gambling problem that the casino was aware of and that he should have been excluded from the casino. The Court rejected his evidence at trial and found in favour ...

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  • SKELWITH (LEISURE) LIMITED – V – ARMSTRONG [2015] EWHC 3487 (Ch)

    PCB acted for defendants to a claim brought by a company that owned a golf club in respect of the sale by one of PCB’s clients as mortgagee in possession of the land. It was alleged that the sale had taken place at an undervalue, it being claimed the land was worth nearly £20m more ...

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  • JSC BANK OF MOSCOW – V – KEKHMAN [2015] EWHC 3073 (Comm)

    PCB acted for the claimant bank. The bank alleged unlawful means conspiracy to defraud the bank by the diversion of assets to companies controlled by the defendant. The bank sought to amend its claim to allege that it had been induced by fraudulent misrepresentations to make loans to companies of US$150m. The defendant resisted the ...

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  • JSC VTB BANK – V – SKURIKHIN [2014] EWHC 271 (Comm)

    PCB acted for the claimant bank in bringing claims to enforce Russian judgments for around US$40m in England. The defendant raised a defence that the Russian judgments were procured by fraud and/or that the English court should decline to enforce the judgments on the basis of public policy. In particular, he alleged that the judgment ...

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  • VTB CAPITAL PLC – V – UNIVERSAL TELECOM INVESTMENT STRATEGIES FUND SPC (CICA, 5 June 2013)

    PCB acted for the claimant bank in relation to a substantial claim in deceit and breach of contract, which included worldwide freezing order relief in the sum of US$200m and ancillary freezing orders in the BVI and Cayman. In England, the case reached the Supreme Court on issues relating to piercing the corporate veil, choice ...

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  • DALEMONT – V – SENATOROV (BVI, 5/7/2013)

    PCB acted for the claimant, a company connected to a large bank to which claims of the bank against the guarantor of loans had been assigned. The claimant brought proceedings in Russia against the guarantor and at the same time, PCB obtained freezing orders in the BVI, Jersey and Cyprus, and interim receivership orders in ...

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  • ABELA – V – BAADARANI [2013] UKSC 44

    PCB acted for the claimants in obtaining permission to serve the proceedings alleging deceit, conspiracy and dishonest assistance on the defendant out of the jurisdiction. The defendant challenged the jurisdiction, alleging that he was not properly served, that England was not the appropriate forum and that there was no reasonable prospect of the claim succeeding. ...

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  • ROYAL WESTMINSTER – V – VARMA [2012] EWHC 3439 (Ch)

    PCB acted for the respondent director of a BVI company. Proceedings in the BVI in respect of ownership of shares in the company were ongoing, the director being based in England. The Claimants sought to obtain an injunction against the defendant under s25 of the Civil Jurisdiction and Judgments Act 1982 in support of the ...

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  • DAR AL ARKAN REAL ESTATE CO – V – AL REFAI [2012] EWHC 3539 (Comm)

    PCB acted for the primary defendant to a US$1bn claim. The claimants obtained permission to serve him out of the jurisdiction, a worldwide freezing order in the sum of £100m and other injunctive relief to stop him publishing allegations against claimants of serious wrongdoing, including the breach of various banking regulations. In obtaining such relief, ...

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  • JENINGTON INTERNATIONAL INC – V – ASSAUBAYEV [2010] EWHC 2351 (Ch)

    PCB acted for the claimants in a US$500m claim alleging deceit, conspiracy and breach of fiduciary duty against the former directors and shareholders of a gold mining company. Freezing orders were obtained at the outset in England, BVI, Jersey and Guernsey and Search Orders were granted in respect of 3 premises. There followed extensive interim ...

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  • PALMER (T/A COTSWOLD STONE QUARRIES) – V – INGRAM [2009] EWCA CIV 947

    PCB were instructed by the receiver of a convicted tax fraudster to collect in his worldwide assets to satisfy a confiscation order. One asset was a claim in the name of an Irish company which had been dissolved and struck off. PCB applied to restore the company but, as there was a potential limitation defence ...

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  • BELLETTI – V – MORICI [2009] EWHC 2316 (Comm)

    PCB acted for the parents of the main defendant, who were resident in Italy. The English court had already granted a freezing order under s25 of the Civil Jurisdiction and Judgments Act 1982 in support of substantive proceedings taking place against the main defendant for investment fraud. The claimants then sought to extend that freezing ...

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  • ABELA – V- HAMMOND SUDDARDS EDGE 2/12/08

    PCB acted for the claimants in a US$25m claim against a city firm of lawyers alleging professional negligence and breach of fiduciary duty. PCB made an application for extensive electronic disclosure at a time when there was little case law as to when electronic disclosure should be provided. The defendant solicitors alleged that all electronic ...

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  • AVONRIDGE PROPERTYCO LTD – V – MASHRU [2005] UKHL 70

    PCB acted for a property company who rented commercial premises comprising a number of retail units at a rack rent. The company then granted sub-leases in respect of a number of the retail units for a peppercorn rent, with the sub-lessees each paying a large premium on the grant of their sub-lease. The company covenanted ...

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  • DUBAI ALUMINIUM COMPANY LIMITED – V – AL ALAWI [2002] EWHC 2051 (Comm)

    PCB acted for a former senior employee of a state-owned aluminium company. This was one of a series of claims that the company made against former senior officers and employees alleging corruption. All of the other claims led to large judgments or settlements. PCB’s client was faced with a multi-million dollar claim for accepting alleged ...

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  • RAINBOW ESTATES LIMITED – V – TOKENHOLD LIMITED [1999] Ch 64

    PCB acted for a landlord of a property that was in disrepair. It had until then been generally accepted that a landlord’s remedies for breach of the tenant’s repairing covenant were forfeiture and/or damages, not specific performance. However, PCB was able to persuade the court that in exceptional cases (and this was one such case) ...

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  • DUBAI ALUMINIUM COMPANY LIMITED – V – AL ALAWI [1999] 1 WLR 1964

    PCB acted for the respondent to a worldwide freezing order and a search order. The claimant had in its investigations obtained evidence through the use of pre-text calls to a Swiss bank. PCB led evidence that such conduct was under Swiss law prima facie criminal. As a consequence, PCB submitted, and the court accepted, that ...

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