Published on: 13 November 2025
Published by a Law360 reporter
High Court judge William Trower has held that Igor Kolomoisky and Gennadiy Bogolyubov are jointly and severally liable to pay JSC Commercial Bank PrivatBank over US$1.76bn in damages together with US$1.19bn in compound interest, after he found in July that the two were responsible for the fraud. The figure corresponds to the US$1.9bn siphoned from Ukraine’s biggest bank, less the value of assets already restored to PrivatBank. Judge Trower explained that, under Ukrainian law, the interest is warranted to properly compensate PrivatBank for being deprived of the use of the misappropriated funds over time. Kolomoisky and Bogolyubov must also pay a further £76.4m as an interim costs payment. He determined that costs should be awarded on the indemnity basis because the pair persisted throughout the proceedings in asserting they were not to blame for the fraud. He concluded that this entailed them putting forward a case designed to mislead the court about the true position in numerous respects, consistent with his conclusions about what occurred and how the case was advanced, the judge added...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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