JSC BTA Bank v Ablyazov & ors


Reference:
[2014] EWHC 2788 (Comm)

Date:
8th August 2014

Court:
Commercial Court

Comment:

In long running litigation between BTA Bank and Mr Ablyazov, the Bank succeeded in its application for disclosure of documents which would otherwise attract legal professional privilege. The Bank successfully argued that the iniquity principle applied and Mr Ablyazov was not entitled to claim legal advice or litigation privilege in the relevant documents because he had engaged solicitors in furtherance of fraudulent strategy to put his assets beyond the reach of the Bank. Although the solicitors were innocent of the fraud, that did not prevent the application of the iniquity exception. Mr Ablyazov’s argument that disclosure would be in breach of his Article 6 and Article 8 rights was unsuccessful, as was his argument that disclosure would be a breach of his right to privilege against self-incrimination. Christopher Lloyd appeared as junior counsel to the Bank.

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