JSC VTB Bank v Skurikhin & Ors

JSC VTB Bank v Skurikhin & Ors

Mr Skurikhin has no real prospect of successfully defending enforcement of the principal sums and contractual interest under the Russian judgments; the proposed defences of fraud, public policy, and natural justice are contrived and lack substance. However, there is an arguable defence to the enforcement of sums characterised as penalties on public policy grounds.

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 Judgment / Summary Judgment Application Under CPR Part 24.2
Outcome
Summary judgment granted in favour of VTB for principal and contractual interest; enforcement of penalty sums denied pending trial.
Legal Topics
Enforcement of Foreign Judgments, Fraud Exception, Public Policy Exception, Natural Justice Exception, Penalties in Foreign Judgments
Conflict of Laws Commercial Law Banking Law Enforcement of Foreign Judgments Fraud Exception Public Policy Exception Natural Justice Exception Penalties in Foreign Judgments

Case Brief

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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 Judgment / Summary Judgment Application Under CPR Part 24.2

Legal Issues

  1. 1 Whether Russian judgments are enforceable in England under common law
  2. 2 Whether enforcement is barred by fraud, public policy, natural justice, or penalties exceptions

Ratio Decidendi

Mr Skurikhin has no real prospect of successfully defending enforcement of the principal sums and contractual interest under the Russian judgments; the proposed defences of fraud, public policy, and natural justice are contrived and lack substance. However, there is an arguable defence to the enforcement of sums characterised as penalties on public policy grounds.

Court Disposition

Summary judgment granted in favour of VTB for principal and contractual interest; enforcement of penalty sums denied pending trial.

Orders

  • Judgment for VTB for principal and contractual interest under Russian judgments.
  • No summary judgment for sums characterised as penalties; these to be determined at trial.