JSC VTB Bank v Skurikhin & Ors [2014] EWHC 271 (Comm) (13 February 2014)

JSC VTB Bank v Skurikhin & Ors [2014] EWHC 271 (Comm) (13 February 2014)

Mr Skurikhin has no real prospect of successfully defending enforcement of the principal and contractual interest sums under the Russian judgments, as the alleged defences of fraud, public policy, and natural justice are entirely without substance and contrived for the purposes of resisting enforcement. However, there is an arguable defence to enforcement of those sums characterised as 'penalties' on public policy grounds, and summary judgment is refused as to those sums only.

Citation
[2014] EWHC 271 (Comm)
Parties
Claimant: JSC VTB Bank; First Defendant: Pavel Valerjevich Skurikhin; Second Defendant: Pikeville Investments LLP; Third Defendant: Perchwell Holdings LLP
Jurisdiction
England and Wales
Judgment Date
13 February 2014
Procedural Posture
Commercial Enforcement of Foreign Judgments / Summary Judgment Application Under CPR Part 24.2
Outcome
Summary judgment granted in favour of VTB for principal and contractual interest; refused as to sums characterised as penalties.
Legal Topics
Enforcement of Foreign Judgments, Summary Judgment, Fraud Exception, Public Policy Exception, Natural Justice Exception, Penalties in Foreign Judgments
Commercial Law Conflict of Laws Banking Law Enforcement of Foreign Judgments Summary Judgment Fraud Exception Public Policy Exception Natural Justice Exception +1 more

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Parties

JSC VTB Bank

Claimant

Pavel Valerjevich Skurikhin

First Defendant

Pikeville Investments LLP

Second Defendant

Perchwell Holdings LLP

Third Defendant

Procedural Posture

Commercial Enforcement of Foreign Judgments / Summary Judgment Application Under CPR Part 24.2

Legal Issues

  1. 1 Whether Russian judgments obtained by VTB against Mr Skurikhin are enforceable in England under common law principles
  2. 2 Whether any of the exceptions to enforcement (fraud, public policy, natural justice, penalties) apply to bar enforcement of the Russian judgments

Ratio Decidendi

Mr Skurikhin has no real prospect of successfully defending enforcement of the principal and contractual interest sums under the Russian judgments, as the alleged defences of fraud, public policy, and natural justice are entirely without substance and contrived for the purposes of resisting enforcement. However, there is an arguable defence to enforcement of those sums characterised as 'penalties' on public policy grounds, and summary judgment is refused as to those sums only.

Court Disposition

Summary judgment granted in favour of VTB for principal and contractual interest; refused as to sums characterised as penalties.

Orders

  • Judgment for VTB for principal and contractual interest under the Russian judgments.
  • No summary judgment for VTB in respect of sums characterised as penalties; those claims may proceed to trial.