Lyubov Andreevna Kireeva (As Trustee and Bankruptcy Manager of Georgy Ivanovich Bedzhamov) v Alina Zolotova & Anor
| Court | Chancery Division |
| Judge | INSOLVENCY AND COMPANIES COURT JUDGE GREENWOOD |
| Neutral Citation | [2024] EWHC 552 (Ch) |
| Date | 13 March 2024 |
| Year | 2024 |
| Counsel | William Willson,Roseanna Darcy,Thomas Munby Kc,James Mitchell |
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INSOLVENCY AND COMPANIES LIST (ChD)
Rolls Building
Royal Courts of Justice
7 Rolls Buildings
London EC4A 1NL
Date: 13 March 2024
Before:
INSOLVENCY AND COMPANIES COURT JUDGE GREENWOOD
- - - - - - - - - - - - - - - - - - - - -
Between:
LYUBOV ANDREEVNA KIREEVA
(As Trustee and Bankruptcy Manager of Georgy
Ivanovich Bedzhamov)
Claimant/
Applicant
- and -
1. ALINA ZOLOTOVA
2. BASEL PROPERTIES LIMITED
First
Defendant/
Respondent
Second
Defendant
- - - - - - - - - - - - - - - - - - - - -
William Willson and Roseanna Darcy (instructed by DCQ Legal) for the
Claimant/Applicant
Thomas Munby KC and James Mitchell (instructed by Gresham Legal) for the First
Defendant/Respondent
Hearing date: 24 January 2024
- - - - - - - - - - - - - - - - - - - - -
JUDGMENT
This judgment was handed down remotely at 10.00am on 13 March 2024 by circulation
to the parties or their representatives by e-mail.
ICC JUDGE GREENWOOD:
Introduction
1. This is an application made by the Claimant, Ms Lyubov Kireeva, by Application
Notice issued on 3 October 2023, to strike out certain paragraphs of the Defence of the
First Defendant, Ms Alina Zolotova, to a claim commenced by Part 7 Claim Form
issued on 11 November 2022 (“the Share Proceedings”) and/or for summary judgment
in respect of the same paragraphs (“the Application”).
Manager of Mr Georgy Bedzhamov, her appointment having been recognised at
common law by order of Falk J (as she then was) made on 9 November 2022 (“the
Recognition Order”) for the reasons set out in her judgment at [2022] EWHC 2676.
Before me, the Trustee was represented by Mr William Willson and Ms Roseanna
Darcy of Counsel; Ms Zolotova was represented by Mr Thomas Munby KC and Mr
James Mitchell of Counsel.
3. The Second Defendant to the Share Proceedings is an English company called Basel
Properties Ltd (“Basel”). It did not appear and was not represented before me; neither
has it served a Defence in the Share Proceedings. Basel is the owner of a valuable
Italian property called “Villa Nicolini” (at via Cappuccini 4, 6 and 10, San’ Agnello)
and its single issued share (“the Share”) is registered in the name of Ms Zolotova, who
is Mr Bedzhamov’s long term partner; the Share was transferred to her, or in any event
into her name, on 1 April 2016.
4. In the Share Proceedings, the Trustee claims that at all material times before Mr
Bedzhamov’s movable property (situated in England) vested in her automatically by
virtue of the Recognition Order, Mr Bedzhamov was the ultimate beneficial owner of
the Share, which was held for him by a series of nominees culminating in Ms Zolotova,
who thus held the Share on bare trust for Mr Bedzhamov as at the moment of the
bankruptcy order. Alternatively, but to the same end, Ms Kireeva claims that the
transfer of the Share to Ms Zolotova in 2016 was a “ sham and of no legal effect”, and
again alternatively, that it was a transaction at an undervalue for the purposes of s. 423
appropriate relief.
1
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