Polegoshko & Ors v Ibragimov & Ors [2014] EWHC 1535 (Ch) (24 March 2014)

Polegoshko & Ors v Ibragimov & Ors [2014] EWHC 1535 (Ch) (24 March 2014)

The English court cannot grant an order restraining parties from participating in proceedings before Lithuanian courts, as such an order would interfere with the jurisdiction of a foreign court, contrary to principles established in Turner v Grovit and the Brussels Convention. The application is also an abuse of process and manifestly one-sided, and Lithuanian courts are competent to manage the disputes.

Citation
[2014] EWHC 1535 (Ch)
Parties
Claimant/respondent: Mr Vladislav Polegoshko; Claimant/respondent: Westa Holding Limited; Claimant/respondent: Holding Associates Limited; Claimant/respondent: Fingood LLP; Defendant/applicant: Mr Terlan Ibragimov; Defendant/applicant: Mr Farchadas Ibragimov; Defendant/applicant: Mr Jurij Garbuzov; Defendant/applicant: Spencer Rise Limited; Defendant/applicant: Reltex Limited; Defendant/applicant: Transworld Express Limited; Defendant/applicant: The Registrar of Companies
Jurisdiction
England and Wales
Judgment Date
24 March 2014
Procedural Posture
Application to Vary Interim Order / Interlocutory Hearing
Outcome
Application dismissed
Legal Topics
Anti Suit Injunctions, Beneficial Ownership, Abuse of Process, Jurisdiction, Interim Relief
Civil Procedure Company Law Conflict of Laws Anti Suit Injunctions Beneficial Ownership Abuse of Process Jurisdiction Interim Relief

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Parties

Mr Vladislav Polegoshko

Claimant/respondent

Westa Holding Limited

Claimant/respondent

Holding Associates Limited

Claimant/respondent

Fingood LLP

Claimant/respondent

Mr Terlan Ibragimov

Defendant/applicant

Mr Farchadas Ibragimov

Defendant/applicant

Mr Jurij Garbuzov

Defendant/applicant

Spencer Rise Limited

Defendant/applicant

Reltex Limited

Defendant/applicant

Transworld Express Limited

Defendant/applicant

The Registrar of Companies

Defendant/applicant

Procedural Posture

Application to Vary Interim Order / Interlocutory Hearing

Legal Issues

  1. 1 Whether the English court can restrain parties from participating in foreign proceedings
  2. 2 Whether the application constitutes an abuse of process
  3. 3 Whether the balance of convenience favours granting the relief sought

Ratio Decidendi

The English court cannot grant an order restraining parties from participating in proceedings before Lithuanian courts, as such an order would interfere with the jurisdiction of a foreign court, contrary to principles established in Turner v Grovit and the Brussels Convention. The application is also an abuse of process and manifestly one-sided, and Lithuanian courts are competent to manage the disputes.

Court Disposition

Application dismissed

Orders

  • Application to vary interim order refused
  • No anti-suit injunction granted