OJSC Bank of Moscow v Chernyakov & Ors

OJSC Bank of Moscow v Chernyakov & Ors

There is no triable issue that the Russian judgments were obtained in breach of natural justice, by fraud, or contrary to public policy. Service and notification were valid under Russian law, and the proceedings and appeals provided adequate opportunity for defence. The allegations of fraud and judicial impropriety are unsubstantiated. The Bank is entitled to summary judgment enforcing the Russian judgments.

Parties
Claimant: OJSC Bank of Moscow; Defendant: Andrey Valerievich Chernyakov; Defendant: Anastasia Erokhova; Defendant: Norwind Shipping Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2016
Procedural Posture
Commercial Enforcement of Foreign Judgment / Summary Judgment Application
Outcome
Summary judgment granted for the claimant
Legal Topics
Enforcement of Foreign Judgments, Summary Judgment, Natural Justice, Fraud Exception, Public Policy Exception, Article 6 ECHR
Conflict of Laws Civil Procedure Banking Law Enforcement of Foreign Judgments Summary Judgment Natural Justice Fraud Exception Public Policy Exception +1 more

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Parties

OJSC Bank of Moscow

Claimant

Andrey Valerievich Chernyakov

Defendant

Anastasia Erokhova

Defendant

Norwind Shipping Limited

Defendant

Procedural Posture

Commercial Enforcement of Foreign Judgment / Summary Judgment Application

Legal Issues

  1. 1 Whether the Russian judgments are enforceable in England and Wales under common law principles
  2. 2 Whether the Russian judgments are impeachable for fraud, breach of natural justice, or public policy
  3. 3 Whether there is a triable issue justifying refusal of summary judgment

Ratio Decidendi

There is no triable issue that the Russian judgments were obtained in breach of natural justice, by fraud, or contrary to public policy. Service and notification were valid under Russian law, and the proceedings and appeals provided adequate opportunity for defence. The allegations of fraud and judicial impropriety are unsubstantiated. The Bank is entitled to summary judgment enforcing the Russian judgments.

Court Disposition

Summary judgment granted for the claimant

Orders

  • Summary judgment entered for OJSC Bank of Moscow against Andrey Valerievich Chernyakov for the amounts due under the three Russian judgments
  • Costs to be determined