Deutsche Bank AG London Branch v Central Bank of Venezuela 2022 EWHC 2702 Comm - 12 September 2022
1. There are two issues to be decided on the documents: Permission to appeal and costs.
2. The Maduro Board has sought permission to appeal, both on the basis of "some other compelling reason" and the more conventional "real prospect of success" basis. This application has been opposed by the Guaidó Board.
3. The Guaidó Board has sought orders that the Maduro Board pay the Guaidó Board's costs of the Remitted Issue and the Preliminary Issues in CL-2019- 000303 and CL-2020-000304, to be subject to detailed assessment, if not agreed; and that the Maduro Board make an interim payment on account of the Guaidó Board's costs in the total amount of £2.4 million.
4. The Maduro Board's response is that:
i) I have no jurisdiction in respect of the costs of the Preliminary Issues;
ii) The correct order in respect of the Remitted Issue is an issue based order;
iii) On that basis it is not appropriate to order any payment on account.