PJSC Tatneft v Bogolyubov & Ors

PJSC Tatneft v Bogolyubov & Ors

There is a real risk of substantial obstacles to enforcement of a costs order against Tatneft in Russia due to lack of an enforcement treaty, uncertainty over reciprocity, public policy, sanctions, and the nature of Tatneft's assets. Assets in Switzerland and Cyprus do not eliminate this risk. It is just to order security for costs in these circumstances.

Parties
Claimant/respondent: PJSC Tatneft; Defendant/applicant: Gennadiy Bogolyubov; Defendant/applicant: Igor Kolomoisky; Defendant/applicant: Alexander Yaroslavsky; Defendant/applicant: Pavel Ovcharenko
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Commercial Court Application / Interlocutory Application for Security for Costs
Outcome
Application for security for costs granted
Legal Topics
Security for Costs, Enforcement of Foreign Judgments, Reciprocity, Public Policy, Sanctions
Civil Procedure International Enforcement Security for Costs Enforcement of Foreign Judgments Reciprocity Public Policy Sanctions

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Parties

PJSC Tatneft

Claimant/respondent

Gennadiy Bogolyubov

Defendant/applicant

Igor Kolomoisky

Defendant/applicant

Alexander Yaroslavsky

Defendant/applicant

Pavel Ovcharenko

Defendant/applicant

Procedural Posture

Commercial Court Application / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether there is a real risk of substantial obstacles to enforcement of a costs order against the claimant in Russia or elsewhere outside the jurisdiction
  2. 2 Whether it is just to order security for costs in the circumstances

Ratio Decidendi

There is a real risk of substantial obstacles to enforcement of a costs order against Tatneft in Russia due to lack of an enforcement treaty, uncertainty over reciprocity, public policy, sanctions, and the nature of Tatneft's assets. Assets in Switzerland and Cyprus do not eliminate this risk. It is just to order security for costs in these circumstances.

Court Disposition

Application for security for costs granted

Orders

  • Tatneft to provide security for the entirety of the defendants' costs, quantum to be determined if not agreed