OJSC Oil Company Yugraneft v Abramovich & Ors (Rev 1)

OJSC Oil Company Yugraneft v Abramovich & Ors (Rev 1)

The claims in dishonest assistance, knowing receipt, and unjust enrichment are governed by Russian law, under which they are not actionable or are time-barred. Yugraneft cannot trace any proprietary interest into the hands of the defendants. The English court lacks jurisdiction over Mr Abramovich as he was not resident or domiciled in England at the relevant time. The claims are also an abuse of process and issue estopped by prior proceedings. Accordingly, the claims are dismissed and service on Mr Abramovich is set aside.

Parties
Claimant: OJSC Oil Company Yugraneft (in liquidation); First Defendant: Roman Arkadievich Abramovich; Second Defendant: Millhouse Capital UK Limited; Third Defendant: Boris Berezovsky
Jurisdiction
England and Wales
Judgment Date
29 October 2008
Procedural Posture
Commercial Court Civil Claim and Related Insolvency Application / Ruling on Jurisdiction, Summary Judgment, and Ancillary Applications
Outcome
Claims dismissed; service on Mr Abramovich set aside; permission to serve out refused; no jurisdiction over Mr Abramovich; costs to be determined.
Legal Topics
Jurisdiction, Dishonest Assistance, Knowing Receipt, Unjust Enrichment, Tracing, Limitation Periods, Abuse of Process, Forum Non Conveniens
Private International Law Commercial Law Company Law Insolvency Law Jurisdiction Dishonest Assistance Knowing Receipt Unjust Enrichment +4 more

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Parties

OJSC Oil Company Yugraneft (in liquidation)

Claimant

Roman Arkadievich Abramovich

First Defendant

Millhouse Capital UK Limited

Second Defendant

Boris Berezovsky

Third Defendant

Procedural Posture

Commercial Court Civil Claim and Related Insolvency Application / Ruling on Jurisdiction, Summary Judgment, and Ancillary Applications

Legal Issues

  1. 1 Whether the English court has jurisdiction over the defendants, particularly Mr Abramovich, under the Judgments Regulation and English law
  2. 2 Whether the claims in dishonest assistance, knowing receipt, and unjust enrichment are governed by English or Russian law
  3. 3 Whether the claims are time-barred under Russian law

Ratio Decidendi

The claims in dishonest assistance, knowing receipt, and unjust enrichment are governed by Russian law, under which they are not actionable or are time-barred. Yugraneft cannot trace any proprietary interest into the hands of the defendants. The English court lacks jurisdiction over Mr Abramovich as he was not resident or domiciled in England at the relevant time. The claims are also an abuse of process and issue estopped by prior proceedings. Accordingly, the claims are dismissed and service on Mr Abramovich is set aside.

Court Disposition

Claims dismissed; service on Mr Abramovich set aside; permission to serve out refused; no jurisdiction over Mr Abramovich; costs to be determined.

Orders

  • Claims against Millhouse and Mr Abramovich dismissed.
  • Service of proceedings on Mr Abramovich set aside.