BM-BANK JSC (FORMERLY OJSC BANK OF MOSCOW AND PJSC BM-BANK) – V – CHERNYAKOV AND EROKHOVA  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 be cross-examined, the veracity of their account could not be tested and the court was entitled to conclude that it was implausible. The bank established to the criminal standard of proof that Mr Chernyakov had deliberately and intentionally disobeyed the court’s order to produce statements and had given false evidence on affidavit with the intention of interfering with the course of justice. There was no doubt that that breach was in order to hide assets from the bank. The Court also found there was a deliberate and intentional breach of the orders made against Ms Erokhova. The maximum sentence of two years’ imprisonment was imposed on Mr Chernyakov. Although she had had a 10-month-old child, Ms Erokhova was sentenced to four months’ imprisonment.