Fair trial impossible in Privatbank dispute


Fraud, Financial and Business Crime

One of The Lawyer’s Top 20 Cases of 2022’ has been adjourned due to the impact of  the war in Ukraine. On 28 March 2022, Mr Justice Trower adjourned the trial of fraud claims brought by a Ukrainian state-owned bank said to be worth  over $4 billion due to be tried over 13 weeks from June 2022. 

The Defendants, including Ukrainian oligarchs, Igor Kolomoisky and Gennadiy Bogolyubov, argued that the Russian invasion and bombardment of Ukraine meant that it would be impossible for a fair trial to be conducted in under 10 weeks’ time, given the difficulty for individuals in Ukraine in instructing their legal teams and preparing for trial.  The Claimant opposed the adjournment. Mr Justice Trower concluded that the cumulative effect of the reasons relied upon by the Defendants was such that he was satisfied that it could already be seen that it would not be possible to have a fair trial starting at the beginning of June 2022.  See War in Ukraine delays $4.2bn fraud trial | News | Law Gazette

Clare Montgomery QC represented Mr Gennadiy Bogolyubov, together with Matthew Parker QC, Nathaniel Bird and Alyssa Stansbury instructed by Enyo Law