Deutsche Bank AG London Branch v Receivers Appointed By the Court & Ors [2020] EWHC 2051 (Comm) (24 July 2020)

Deutsche Bank AG London Branch v Receivers Appointed By the Court & Ors [2020] EWHC 2051 (Comm) (24 July 2020)

The court held that Her Majesty's Government recognises Juan Guaido, and not Nicolas Maduro, as constitutional Interim President and head of state of Venezuela since 4 February 2019. The court declined to make declarations regarding government recognition or the authority of rival boards pending further argument. Costs were awarded to the Guaido Board on both preliminary issues, as they prevailed. Joinder of rival boards to the Deutsche Bank proceedings was refused absent proper service and instruction. Permission to appeal was granted only on the justiciability issue, not on the recognition issue.

Citation
[2020] EWHC 2051 (Comm)
Parties
Claimant (2019 Claim): Deutsche Bank AG London Branch; Receivers (2019 Claim): Receivers appointed by the Court; Claimant (2020 Claim); Defendant (2019 Claim): Central Bank of Venezuela; Defendant (2020 Claim): The Governor and Company of the Bank of England; Party: The Ad Hoc Administrative Board of the Central Bank of Venezuela; Party: The Board of the Central Bank of Venezuela
Jurisdiction
England and Wales
Judgment Date
24 July 2020
Procedural Posture
Commercial Court Proceedings / Post Judgment Consequential Rulings and Costs
Outcome
Partial declarations granted; costs awarded to Guaido Board; joinder application refused; permission to appeal granted in part
Legal Topics
Recognition of Foreign Governments, Justiciability, Costs Orders, Joinder of Parties, Permission to Appeal
Public International Law Banking Law Constitutional Law Recognition of Foreign Governments Justiciability Costs Orders Joinder of Parties Permission to Appeal

Case Brief

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Parties

Deutsche Bank AG London Branch

Claimant (2019 Claim)

Receivers appointed by the Court

Receivers (2019 Claim)

Central Bank of Venezuela

Claimant (2020 Claim); Defendant (2019 Claim)

The Governor and Company of the Bank of England

Defendant (2020 Claim)

The Ad Hoc Administrative Board of the Central Bank of Venezuela

Party

The Board of the Central Bank of Venezuela

Party

Procedural Posture

Commercial Court Proceedings / Post Judgment Consequential Rulings and Costs

Legal Issues

  1. 1 Whether Her Majesty's Government recognises Juan Guaido as President and head of state of Venezuela
  2. 2 Whether declarations should be made regarding the authority of rival boards of the Central Bank of Venezuela
  3. 3 Whether certain issues are non-justiciable

Ratio Decidendi

The court held that Her Majesty's Government recognises Juan Guaido, and not Nicolas Maduro, as constitutional Interim President and head of state of Venezuela since 4 February 2019. The court declined to make declarations regarding government recognition or the authority of rival boards pending further argument. Costs were awarded to the Guaido Board on both preliminary issues, as they prevailed. Joinder of rival boards to the Deutsche Bank proceedings was refused absent proper service and instruction. Permission to appeal was granted only on the justiciability issue, not on the recognition issue.

Court Disposition

Partial declarations granted; costs awarded to Guaido Board; joinder application refused; permission to appeal granted in part

Orders

  • Declaration that Her Majesty's Government recognises Juan Guaido and not Nicolas Maduro as constitutional Interim President and head of state of Venezuela since 4 February 2019
  • Costs of both preliminary issues awarded to Guaido Board