CL-2022-000249 - [2025] EWHC 1156 (Comm)

Fecha: 13-May-2025

Nigel Cooper KC

Nigel Cooper KC:

Introduction

This is the Defendant’s application to vary an Order of Mr. Justice Bryan dated 11 February 2025 (“the Interim Payment Order”) by which the Judge ordered that the Defendant make to the Claimants various interim payments in United States Dollars and a payment on account of costs in Pounds Sterling by 1600 hours on 25 February 2025. The Defendant seeks to vary the Interim Payment Order so that its payment obligations only commence after it has obtained licences from one or both of OFSI and OFAC as appropriate.

The Defendant has not yet made the payments ordered and says that:

It is concerned that it is not able to make the payments stipulated in the Interim Payment Order without breaching sanctions regulations and other related legislative provisions.

ii)

Should there be no variation of the Interim Payment Order, the Defendant is concerned that it will or might be placed in the impossible situation of having to pick between complying with the Interim Payment Order and making or attempting to make an unlawful payment or breaching the Interim Payment Order and potentially being held in contempt of court.

On 25 February 2025, the Defendant issued an Application Notice to vary the Interim Payment Order pursuant to what was then CPR 25.8(2)(b) and is now CPR 25.20(6)(b) (“the Variation Application”).