Baturina v Chistyakov [2015] EWHC 1653 (Comm) (10 June 2015)

Baturina v Chistyakov [2015] EWHC 1653 (Comm) (10 June 2015)

Claimant is permitted to amend her Particulars of Claim to plead alternative heads of loss (direct and indirect) and expectation loss, as these have a real prospect of success; amendments seeking an account of profits, restitution, and restitutionary damages are refused as they have no real prospect of success; defendant is not permitted to make a further stay application as he could have advanced it at this hearing; summary judgment/strike out applications are not proceeded with as viable claims remain.

Citation
[2015] EWHC 1653 (Comm)
Parties
Claimant/applicant: Elena Baturina; Defendant/respondent: Alexander Chistyakov
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Commercial Court Claim (fraudulent Misrepresentation, Breach of Contract) / Hearing of Defendant's Summary Judgment/strike Out Application and Claimant's Application to Amend Particulars of Claim
Outcome
Claimant's application to amend Particulars of Claim allowed in part; defendant's summary judgment/strike out applications not proceeded with; defendant not permitted to seek further stay; extension of time to serve Protective Claim granted; costs orders as specified.
Legal Topics
Fraudulent Misrepresentation, Breach of Contract, Reflective Loss, Forum Non Conveniens, Restitution, Summary Judgment, Amendment of Pleadings
Commercial Law Contract Law Tort Law Conflict of Laws Fraudulent Misrepresentation Breach of Contract Reflective Loss Forum Non Conveniens +3 more

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Parties

Elena Baturina

Claimant/applicant

Alexander Chistyakov

Defendant/respondent

Procedural Posture

Commercial Court Claim (fraudulent Misrepresentation, Breach of Contract) / Hearing of Defendant's Summary Judgment/strike Out Application and Claimant's Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether claimant should be granted permission to amend Particulars of Claim to plead alternative heads of loss and remedies
  2. 2 Whether defendant is entitled to seek a further stay on forum non conveniens grounds if amendments are allowed
  3. 3 Whether the amended claims have a real prospect of success in law (direct loss, indirect loss, restitution, account of profits, expectation/reliance loss)

Ratio Decidendi

Claimant is permitted to amend her Particulars of Claim to plead alternative heads of loss (direct and indirect) and expectation loss, as these have a real prospect of success; amendments seeking an account of profits, restitution, and restitutionary damages are refused as they have no real prospect of success; defendant is not permitted to make a further stay application as he could have advanced it at this hearing; summary judgment/strike out applications are not proceeded with as viable claims remain.

Court Disposition

Claimant's application to amend Particulars of Claim allowed in part; defendant's summary judgment/strike out applications not proceeded with; defendant not permitted to seek further stay; extension of time to serve Protective Claim granted; costs orders as specified.

Orders

  • Permission granted to claimant to amend Particulars of Claim except for claims for account, restitution, and restitutionary damages.
  • Defendant's summary judgment/strike out applications not proceeded with.