CL-2021-000649 - [2025] EWHC 1333 (Comm)

The new case put forward by the Claimants against VTBC is based on the Explanations Document. This is referred to in the witness statement of Mr Browne. It is apparent that in January 2015 information was provided to the Russian Federal Security Service (“FSS”) by Mr Marinichev. The administrators say they do not have a copy of what was sent, but Mr Browne exhibits a draft. The Claimants rely on one specific false statement in the Explanations Document and two other points which they say were misleading. They say they were not aware of this document until Mr Browne produced it. They rely on this as the basis of the new case against VTBC to the effect that (PoC 57) VTBC agreed with VTB Russia and/or with agents of the Russian state and/or other participants in the Raider Attack that VTBC would support the Criminal Complaint (the VTB Russia complaint dated January 2016) and would support and assist any subsequent investigation and proceedings and did in fact assist and co-operate with VTB Russia in the making of the Criminal Complaint and the subsequent criminal case.

It is thus necessary to examine the new case put forward by the Claimants in some detail.