JSC BTA Bank v Ablyazov: Court of Appeal upholds unless orders against “cynical” and “devious” contemnor

7th November 2012

Stephen Smith QC and his BTA Bank litigation team at the Court of Appeal.

Lord Justice Maurice Kay (Vice President of the Court of Appeal, Civil Division)
[202]: “It is difficult to imagine a party to commercial litigation who has acted with more cynicism, opportunism and deviousness towards court orders than Mr Ablyazov.”

Lord Justice Rix
[74]: “The judge was entitled and right to discount the evidence of Mr Ablyazov and his other witnesses, and indeed to find that such evidence was incredible and to be lies.”
[187]: “… It is impossible to say [that Teare J] was wrong.  The judge was essentially only asking Mr Ablyazov to do what he had always been ordered to so, and he was prepared to give him a last chance, but a real chance, of doing so.   In the light of the litigation that had taken place, there was a substantial risk that Mr Ablyazov’s non-disclosure and dealing with assets was pervasive and corrosive to justice.”

Latest news reports below
Reuters Wednesday 7th November 2012
The Telegraph Wednesday 7th November 2012
The Independent Wednesday 7th November 2012

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