OJSC Bank of Moscow v Chernyakov & Ors [2016] EWHC 2583 (Comm) (20 October 2016)

OJSC Bank of Moscow v Chernyakov & Ors [2016] EWHC 2583 (Comm) (20 October 2016)

The court held that the Russian judgments were final, conclusive, and enforceable at common law. The defendant failed to show a real prospect of establishing fraud, breach of natural justice, or public policy sufficient to resist enforcement. The procedural requirements for service and notice under Russian law were satisfied, and the Russian courts' decisions were entitled to comity. There was no compelling reason for a trial.

Citation
[2016] EWHC 2583 (Comm)
Parties
Claimant: OJSC Bank of Moscow; First Defendant: Andrey Valerievich Chernyakov; Second Defendant: Anastasia Erokhova; Third Defendant: Norwind Shipping Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2016
Procedural Posture
Commercial Enforcement of Foreign Judgments / Summary Judgment Application
Outcome
Summary judgment granted for the claimant against the first defendant.
Legal Topics
Enforcement of Foreign Judgments, Summary Judgment, Natural Justice, Fraud, Public Policy, Article 6 ECHR
Conflict of Laws Commercial Law Banking Law Enforcement of Foreign Judgments Summary Judgment Natural Justice Fraud Public Policy +1 more

Case Brief

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Parties

OJSC Bank of Moscow

Claimant

Andrey Valerievich Chernyakov

First Defendant

Anastasia Erokhova

Second Defendant

Norwind Shipping Limited

Third Defendant

Procedural Posture

Commercial Enforcement of Foreign Judgments / Summary Judgment Application

Legal Issues

  1. 1 Whether the Russian judgments are enforceable in England under common law principles
  2. 2 Whether the Russian judgments were procured by fraud
  3. 3 Whether enforcement would be contrary to public policy

Ratio Decidendi

The court held that the Russian judgments were final, conclusive, and enforceable at common law. The defendant failed to show a real prospect of establishing fraud, breach of natural justice, or public policy sufficient to resist enforcement. The procedural requirements for service and notice under Russian law were satisfied, and the Russian courts' decisions were entitled to comity. There was no compelling reason for a trial.

Court Disposition

Summary judgment granted for the claimant against the first defendant.

Orders

  • Enforcement of the three Russian judgments against Andrey Valerievich Chernyakov in England and Wales.
  • Costs awarded to the claimant.