Joint Stock Company (Aeroflot - Russian Airlines) v Berezovsky & Anor [2012] EWHC 3017 (Ch) (30 October 2012)

Joint Stock Company (Aeroflot - Russian Airlines) v Berezovsky & Anor [2012] EWHC 3017 (Ch) (30 October 2012)

The Russian courts did not have international jurisdiction over Mr Berezovsky under English law as he was not present or had not submitted to the jurisdiction at the time of suit; the indexation proceedings breached the finality principle by reopening a final judgment and multiplying the damages without new facts; enforcement of the Russian indexation judgment is contrary to English public policy and will not be permitted. Notice issues also raise triable issues but are not determinative given the finality breach.

Citation
[2012] EWHC 3017 (Ch)
Parties
Claimant: JOINT STOCK COMPANY "AEROFLOT - RUSSIAN AIRLINES"; First Defendant: Boris Abramovich Berezovsky; Second Defendant: Nikolay Alexeevitsch Glushkov
Jurisdiction
England and Wales
Judgment Date
30 October 2012
Procedural Posture
Application to Strike Out or for Summary Judgment in Enforcement of Foreign (russian) Judgments / Interlocutory (application to Strike Out/summary Judgment)
Outcome
Applications to strike out or for summary judgment by the defendants succeed in respect of the indexation judgment; enforcement of the Russian indexation judgment refused on grounds of public policy (finality).
Legal Topics
Jurisdiction of Foreign Courts, Recognition and Enforcement of Foreign Judgments, Public Policy Exception, Natural Justice, Finality of Judgments, Notice Requirements
Private International Law Civil Procedure Enforcement of Foreign Judgments Jurisdiction of Foreign Courts Recognition and Enforcement of Foreign Judgments Public Policy Exception Natural Justice Finality of Judgments +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

JOINT STOCK COMPANY "AEROFLOT - RUSSIAN AIRLINES"

Claimant

Boris Abramovich Berezovsky

First Defendant

Nikolay Alexeevitsch Glushkov

Second Defendant

Procedural Posture

Application to Strike Out or for Summary Judgment in Enforcement of Foreign (russian) Judgments / Interlocutory (application to Strike Out/summary Judgment)

Legal Issues

  1. 1 Whether the Russian courts had international jurisdiction over the defendants under English law for enforcement of judgments
  2. 2 Whether enforcement of the Russian judgments would be contrary to English public policy (finality)
  3. 3 Whether enforcement would breach principles of natural justice (notice)

Ratio Decidendi

The Russian courts did not have international jurisdiction over Mr Berezovsky under English law as he was not present or had not submitted to the jurisdiction at the time of suit; the indexation proceedings breached the finality principle by reopening a final judgment and multiplying the damages without new facts; enforcement of the Russian indexation judgment is contrary to English public policy and will not be permitted. Notice issues also raise triable issues but are not determinative given the finality breach.

Court Disposition

Applications to strike out or for summary judgment by the defendants succeed in respect of the indexation judgment; enforcement of the Russian indexation judgment refused on grounds of public policy (finality).

Orders

  • Claim for enforcement of the Russian indexation judgment is struck out or summary judgment granted for the defendants.
  • Claimant may seek to amend pleadings to rely on residence as a jurisdictional basis if so advised.