Eurasian Natural Resources Corporation Limited v Dechert LLP & Ors

Eurasian Natural Resources Corporation Limited v Dechert LLP & Ors

The judge erred by elevating an uncertain and unquantified risk of prejudice to defendants above the certain and substantial injustice to ENRC, especially at an early stage of quantum proceedings. The proper approach was to allow the amendments and review disclosure issues later, as no sufficient evidence of prejudice to defendants outweighed ENRC's loss claim.

Parties
Appellant/claimant: Eurasian Natural Resources Corporation Limited; Respondent/defendant (2017 Claim), Part 20 Defendant (2019 Claim): Dechert LLP; Respondent/defendant (2017 Claim), Part 20 Defendant (2019 Claim): David Neil Gerrard; Respondent/defendant (2019 Claim), Part 20 Defendant (2017 Claim): The Director of the Serious Fraud Office
Jurisdiction
England and Wales
Judgment Date
16 October 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Amendment Applications During Quantum Phase
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Disclosure, Quantum of Damages, Reflective Loss, Case Management
Civil Procedure Commercial Law Amendment of Pleadings Disclosure Quantum of Damages Reflective Loss Case Management

Case Brief

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Parties

Eurasian Natural Resources Corporation Limited

Appellant/claimant

Dechert LLP

Respondent/defendant (2017 Claim), Part 20 Defendant (2019 Claim)

David Neil Gerrard

Respondent/defendant (2017 Claim), Part 20 Defendant (2019 Claim)

The Director of the Serious Fraud Office

Respondent/defendant (2019 Claim), Part 20 Defendant (2017 Claim)

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Amendment Applications During Quantum Phase

Legal Issues

  1. 1 Whether late amendments to pleadings for loss claims should be permitted
  2. 2 Whether prejudice to defendants from lack of litigation hold outweighs prejudice to claimant
  3. 3 Proper balancing of injustice in amendment applications

Ratio Decidendi

The judge erred by elevating an uncertain and unquantified risk of prejudice to defendants above the certain and substantial injustice to ENRC, especially at an early stage of quantum proceedings. The proper approach was to allow the amendments and review disclosure issues later, as no sufficient evidence of prejudice to defendants outweighed ENRC's loss claim.

Court Disposition

Appeal allowed

Orders

  • Permission granted for disputed amendments to pleadings
  • Amendments to loss claims permitted