Special circumstances—when can a party be released from the collateral disclosure undertaking? (JSC Commercial Bank Privatbank v Kolomoisky and others)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: Mr Justice Trower granted the claimant's application to disclose to the Ukrainian Bureau of Economic Security (BES) two schedules to its particulars of claim from English proceedings, which were derived from D1 and D2's asset disclosure given in response to a worldwide freezing order, and therefore subject to the standard form collateral use undertaking. The court held that the Claimant had successfully established that special circumstances overruled the prohibition to disclose the documents in question. Written by Meera Solanki, associate at Trowers & Hamlins.