CL-2022-000456 - [2025] EWHC 1938 (Comm)

Fecha: 31-Jul-2025

XIX: The Claimants’ first pleading point [152]-[154]

XIX: The Claimants’ first pleading point [152]-[154]

152.

Mr Melnichenko’s retirement as discretionary beneficiary was accomplished by a formal Deed of Retirement, bearing the date 8 March 2022. It states that it was signed by Mr Melnichenko in the presence of a witness, Mr Harry William Tree.

153.

Mr Fenwick KC submitted that there was no pleaded issue as to the date of Mr Melnichenko’s retirement, and it therefore was not open to the Banks or Tecnimont to challenge the authenticity of the date shown on the document. As to this:

(1)

In its Defence, Tecnimont disputed the date of the Deed and put the Claimants to proof.

(2)

Before the first CMC in this action, there had been related anti-suit proceedings in which the date of the Deed had been disputed. At the CMC, therefore, there were submissions about backdating, and the issue was acknowledged by the Judge (Foxton J).

(3)

The date of Mr Melnichenko’s resignation was specifically ordered as Issue 3 in the List of Issues for Disclosure.

(4)

ING served a Notice to Prove on 31 January 2025. This was approximately three weeks before the Claimants served their witness evidence.

154.

I therefore reject Mr Fenwick KC’s submissions that the point was not open to the Banks or Tecnimont.