Joint Stock Company (Aeroflot - Russian Airlines) v Berezovsky & Anor

Joint Stock Company (Aeroflot - Russian Airlines) v Berezovsky & Anor

Enforcement of the Russian judgments is refused because the indexation proceedings breached the finality principle of English law by reopening a final judgment without new facts, and enforcement would therefore be contrary to public policy.

Parties
Claimant: JOINT STOCK COMPANY “AEROFLOT - RUSSIAN AIRLINES”; Defendant: BORIS ABRAMOVICH BEREZOVSKY; Defendant: NIKOLAY ALEXEEVITSCH GLUSHKOV
Jurisdiction
England and Wales
Judgment Date
30 October 2012
Procedural Posture
Enforcement of Foreign Judgment / Summary Judgment/strike Out Application
Outcome
action dismissed
Legal Topics
Enforcement of Foreign Judgments, Jurisdiction, Public Policy, Natural Justice, Finality of Judgments
Private International Law Civil Procedure Enforcement of Foreign Judgments Jurisdiction Public Policy Natural Justice Finality of Judgments

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Parties

JOINT STOCK COMPANY “AEROFLOT - RUSSIAN AIRLINES”

Claimant

BORIS ABRAMOVICH BEREZOVSKY

Defendant

NIKOLAY ALEXEEVITSCH GLUSHKOV

Defendant

Procedural Posture

Enforcement of Foreign Judgment / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Did the Russian courts have international jurisdiction over the defendants under English law?
  2. 2 Would enforcement of the Russian judgments breach English public policy (finality principle)?
  3. 3 Was there a breach of natural justice in notice/service of proceedings?

Ratio Decidendi

Enforcement of the Russian judgments is refused because the indexation proceedings breached the finality principle of English law by reopening a final judgment without new facts, and enforcement would therefore be contrary to public policy.

Court Disposition

action dismissed

Orders

  • summary judgment granted for defendants
  • enforcement of Russian judgments refused