Court of Appeal: revocation of order giving relief from sanctions (JSC BTA Bank v Granton Trade)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment

Article summary

The Court of Appeal has held that the Commercial Court was entitled to determine whether it had been misled when granting an order for relief from sanctions. In doing so it could make that determination if on a review of the evidence available it was clear that the court had been seriously misled and there was no other evidence that would be forthcoming on that issue. If it determined that it had been seriously misled then it could revoke the order giving relief from sanctions. If it was not clear that the court had been seriously misled or there was other evidence which may cast a different light, the court should direct either a trial of the issue or that resolution of the issue should await trial of the action.