Navigatgor Equities Ltd & Anor v Deripaska [2022] EWHC 1637 (Comm) (06 May 2022)

Navigatgor Equities Ltd & Anor v Deripaska [2022] EWHC 1637 (Comm) (06 May 2022)

A fair trial could not be held in the current circumstances because the defendant was unable to secure legal representation due to sanctions, and even if alternative arrangements were made, there would not be sufficient time for counsel to prepare. The right to a fair trial outweighs considerations of delay or inconvenience to the claimants.

Citation
[2022] EWHC 1637 (Comm)
Parties
Claimant/respondent: NAVIGATGOR EQUITIES LTD; Claimant/respondent: VLADIMIR ANATOLEVICH CHERNUKHIN; Defendant/applicant: OLEG VLADIMIROVICH DERIPASKA
Jurisdiction
England and Wales
Judgment Date
06 May 2022
Procedural Posture
Contempt Proceedings (commercial Court) / Application for Adjournment of Trial
Outcome
Trial adjourned
Legal Topics
Adjournment of Trial, Right to Fair Trial, Legal Representation Under Sanctions, Contempt of Court
Civil Procedure Sanctions Law Commercial Law Adjournment of Trial Right to Fair Trial Legal Representation Under Sanctions Contempt of Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

NAVIGATGOR EQUITIES LTD

Claimant/respondent

VLADIMIR ANATOLEVICH CHERNUKHIN

Claimant/respondent

OLEG VLADIMIROVICH DERIPASKA

Defendant/applicant

Procedural Posture

Contempt Proceedings (commercial Court) / Application for Adjournment of Trial

Legal Issues

  1. 1 Whether the trial should be adjourned due to inability of the defendant to secure legal representation as a result of sanctions
  2. 2 Whether a fair trial is possible in the absence of properly instructed counsel for the defendant

Ratio Decidendi

A fair trial could not be held in the current circumstances because the defendant was unable to secure legal representation due to sanctions, and even if alternative arrangements were made, there would not be sufficient time for counsel to prepare. The right to a fair trial outweighs considerations of delay or inconvenience to the claimants.

Court Disposition

Trial adjourned

Orders

  • The trial date is vacated and the proceedings are adjourned to allow the defendant to secure legal representation.