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 Cyprus in order to preserve a complex structure through which substantial Russian real estate assets were held. PCB alleged that assets held by a Jersey foundation were in truth still owned by the guarantor, alternatively that the transfer of those assets to the foundation should be set aside as a transaction to defraud the claimant. At the same time, having obtained judgments in Russia for US$40m (and judgments in Jersey and BVI on the back of the Russian judgments), PCB successfully applied to the BVI Court for the appointment of an interim receiver over the guarantor’s beneficial interest in 2 BVI companies. Those BVI companies had the power to change the management of the Jersey foundation, so as to be able to take control of it for the purposes of winding it up or making a distribution to the guarantor, either of which would have led to successful enforcement. The case subsequently settled.