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Agrofirma Oniks LLC & Anor v ABH Ukraine Ltd & Ors [2025] EWHC 300 (Comm) (24 January 2025)

Source: Open mirrored case · Original bailii.org

Sanctions ✓ Geo ✓

Executive Summary

  • The case concerns Agrofirma Oniks LLC and Agro UG V LLC’s claim against ABH Ukraine Ltd, EMIS Finance B.V., Mikhail Fridman, and PJSC Sense Bank regarding negligent advice and misstatements about Loan Participation Notes (LPNs).
  • Claimants invested over $11.4 million in LPNs, relying on statements by Mr Fridman and Alfa Bank Ukraine representatives that the investments were safe.
  • Since February 2022, coupon and redemption payments on LPNs have ceased, causing significant losses.
  • Mr Fridman, a dual Russian-Israeli national and former UK resident, was sanctioned by the UK and EU in March 2022, freezing his UK assets and cancelling his UK leave to remain.
  • The court considered whether service of proceedings on Mr Fridman at his London residence was valid amid his travel ban and asset freeze.

Sanctions Highlights

  • Mr Fridman was designated under the Russia (Sanctions) (EU Exit) Regulations 2019 and the Sanctions and Anti-Money Laundering Act 2018 on 15 March 2022.
  • His UK assets, including Athlone House, were frozen.
  • He became an “excluded person” under the Immigration Act 1971, cancelling his UK leave to remain and imposing a travel ban.
  • Sanctions directly impact Mr Fridman’s ability to respond or appear in UK proceedings.
  • The case highlights enforcement challenges against sanctioned individuals with frozen assets and restricted movement.

Emerging Risks

  • Enforcement of judgments against sanctioned oligarchs is complicated by asset freezes and travel bans.
  • Service of legal documents may be contested due to defendants’ restricted physical presence.
  • Financial instruments like LPNs linked to sanctioned entities pose heightened counterparty and credit risks.
  • Potential for increased litigation involving cross-jurisdictional enforcement and sanctions compliance.
  • Risk of reputational damage for financial institutions involved in advising or issuing such instruments.

Geopolitical Impact

  • The case underscores tensions between UK/EU sanctions regimes and Russian oligarchs with international business ties.
  • Highlights UK’s active use of sanctions to restrict Russian influence post-Ukraine invasion.
  • Mr Fridman’s dual Israeli nationality and UK residency history illustrate complex nationality and jurisdictional issues in sanctions enforcement.
  • Reflects broader geopolitical efforts to isolate Russian economic actors linked to the Alfa Group consortium.
  • The dispute occurs amid ongoing UK, EU, US, and Ukraine coordination on sanctions and financial restrictions targeting Russia.

Economic Intelligence

  • Claimants’ losses exceed $11.4 million, reflecting significant financial exposure to LPNs issued by EMIS Finance B.V.
  • LPNs were marketed as inflation-protected, safe investments but proved high-risk and illiquid post-2022.
  • The case reveals vulnerabilities in financial products tied to sanctioned Russian entities.
  • Currency exposure noted: damages sought in USD, with GBP equivalent provided.
  • The freezing of assets and travel bans may delay or complicate recovery of funds.

Strategic Recommendations

  • Litigants should verify service methods and locations carefully when defendants are subject to sanctions and travel bans.
  • Consider alternative jurisdictional strategies and enforcement mechanisms for sanctioned individuals.
  • Financial institutions must enhance due diligence on products linked to sanctioned entities to mitigate credit and reputational risks.
  • Monitor evolving sanctions regimes closely for impacts on cross-border litigation and asset recovery.
  • Engage with sanctions compliance experts early in disputes involving designated persons to navigate legal and regulatory complexities.

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**Source Notes:** *Sanctions Intelligence Digest* — [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/300.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/300.html)

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