Alliance Bank JSC v Zhunus and others

Practice – Pre-trial relief. The claimant contended that the defendants had devised and executed a scheme to acquire, for their own benefit, shares and assets of two Russian companies to deprive it of the benefit of those assets as security for borrowing facilities and loans made to the original borrowers. The governing law of the torts alleged was that of Kazakhstan. The claimant was granted a freezing order in respect of the second defendant and an order for service outside of the jurisdiction. The Commercial Court discharged the freezing order and the order for service outside the jurisdiction where the claim had no realistic prospect of success because it was time-barred as a matter of Kazakh law and because of material non-disclosure.

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