JSC BANK OF MOSCOW – V – KEKHMAN  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 amendment and sought to strike out the claim or have it summarily dismissed, on the basis that the primary facts alleged by the bank were insufficient. PCB successfully resisted the defendant’s application and was granted permission to amend its claim, on the basis that the claim in fraud could be pleaded on the basis of inferences to be drawn from the primary facts.