“…endant bears the burden of putting before the court the evidence necessary to enable the court to make the declaration it seeks; see JSC BTA Bank vAblyazov No3 [2010] EWCA Civ 1141 at [79]. The converse is true of a claimant who seeks a negative declaration. If in each case the party fails to fulfil the burden, the court cannot make any d…”
“…In JSC BTA Bank v Ablyazov (No 3) [2010] EWCA Civ 1141, [2011] Bus LR D119, the Court of Appeal pointed out that business transactions can be authorised either under the standard exception in respect of dealings an…”
“…JSC BTA Bank v A [2010] EWCA Civ 1141 concerned a freezing order which, by its terms, did not prevent A from dealing with or disposing of his assets in the ordinary and proper course of any busines…”
“…ion within the ordinary course of business. He also submitted that the judge failed to follow the guidance given by this court in JSC BTABank v Ablyazov (No 3) [2010] EWCA Civ 1141, especially at paragraph 76, that the exception for the ordinary course of business should be narrowly construed. Mr Smith also said that none of the non-tradi…”