BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST (ChD)
Fetter Lane London EC4A 1NL |
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B e f o r e :
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JSC COMMERCIAL BANK PRIVATBANK |
Claimant |
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(1) IGOR VALERYEVICH KOLOMOISKY (2) GENNADIY BORISOVICH BOGOLYUBOV (3) TEAMTREND LIMITED (4) TRADE POINT AGRO LIMITED (5) COLLYER LIMITED (6) ROSSYN INVESTING CORP (7) MILBERT VENTURES INC (8) ZAO UKRTRANSITSERVICE LTD |
Defendants |
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Crown Copyright ©
MR. JUSTICE TROWER:
"For the avoidance of any doubt, the obligation set out in paragraph 1 above includes a requirement that the Second Defendant pay all fees charged by corporate service providers or otherwise necessary to secure restoration of the Dissolved Companies, regardless of the extent of any interest the Second Defendant holds or is said to hold in the Dissolved Companies."
"If a rate in excess of the guideline rate is to be charged to the paying party, a clear and compelling justification must be provided. It is not enough to say that the case is a commercial case, or a competition case, or that it has an international element, unless there is something about these factors in the case in question which justifies exceeding the guideline rate."
"In substantial and complex litigation an hourly rate in excess of the guideline figures may be appropriate for grade A, B and C fee earners where other factors, for example the value of the litigation, the level of the complexity, the urgency or importance of the matter, as well as any international element, would justify a significantly higher rate. It is important to note (a) that these are only examples and (b) they are not restricted to high level commercial work, but may apply, for example, to large and complex personal injury work. Further, London 1 is defined in Appendix 2 as 'very heavy commercial and corporate work by centrally based London firms. Within that pool of work there will be degrees of complexity, and this paragraph will still be relevant."