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On October 30, PrivatBank filed a motion with the Pechersk District Court of Kyiv to set a procedural time limit for the investigation by the SBI of the criminal proceedings concerning the deliberate failure by the Bank to comply with a court ruling that had been in force for 8 days and was overturned by the same court as a prematurely issued rulling.
To remind, оn 21 October, PrivatBank discovered in the register of judgments another ruling of the Pecherskyi District Court of Kyiv granting the investigation officers of the State Bureau of Investigations (SBI) access to confidential and legally privileged agreements and other documents related to PrivatBank's cooperation with its foreign counsels. In particular, the ruling concerns the bank's cooperation with Hogan Lovells International LLP acting for the bank in the English High Court case against its former owners, as well as with ALIXPARTNERS SERVICES UK LLP and KROLL ASSOCIATES U.K. LIMITED.
The SBI instituted criminal proceedings based on an application filed in August 2019 by Mr. Dubinin, a former member of the Ukrainian Parliament, concerning the bank's alleged failure to comply with a judgment.
In late 2017 and early 2018, the Kyivskyi District Court of Odesa and the Solomianskyi District Court of Kyiv issued two nearly identical orders in the proceedings based on claims brought by Mr. Kolomoisky, banning the provision of legal services to PrivatBank, the National Bank of Ukraine, and the Ministry of Finance of Ukraine. Subsequently, due to illegality of the bans, a judge of the Solomianskyi District Court of Kyiv was removed from office, and the injunctive relief granted by the Kyivskyi District Court of Odesa was canceled on the ground that the court applied it in error.
On 15 October, the Court of Appeal of England and Wales handed down the judgment confirming that the English courts have jurisdiction to hear PrivatBank's fraud claim against its former owners. The total amount of the claim, including interest, is nearly 3 billion US dollars.