Savchenko v Davletyarov

Savchenko v Davletyarov

The 2014 Agreement, including clause 5, was necessarily superseded by the 2015 Agreement, and subsequently by the July and September 2016 Agreements. The payment obligation in clause 5 did not survive these subsequent agreements, as its survival would lack commercial coherence and practicality. Therefore, Savchenko's claim for repayment fails, and Davletyarov's counterclaim also fails as Savchenko was not a party to the September 2016 Agreement and the July 2016 Agreement was superseded.

Parties
Claimant: Stanislav Savchenko; Defendant: Boris Davletyarov
Jurisdiction
England and Wales
Judgment Date
10 May 2019
Procedural Posture
Commercial Claim / Final Judgment
Outcome
claim and counterclaim dismissed
Legal Topics
Novation, Termination of Contract, Implied Terms, Share Sale Agreements
Contract Law Commercial Law Novation Termination of Contract Implied Terms Share Sale Agreements

Case Brief

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Parties

Stanislav Savchenko

Claimant

Boris Davletyarov

Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 Whether clause 5 of the 2014 Agreement survived subsequent agreements for repayment of US$3.3 million
  2. 2 Whether subsequent agreements (2015, July 2016, September 2016) superseded the 2014 Agreement
  3. 3 Whether the claimant was entitled to repayment under clause 5

Ratio Decidendi

The 2014 Agreement, including clause 5, was necessarily superseded by the 2015 Agreement, and subsequently by the July and September 2016 Agreements. The payment obligation in clause 5 did not survive these subsequent agreements, as its survival would lack commercial coherence and practicality. Therefore, Savchenko's claim for repayment fails, and Davletyarov's counterclaim also fails as Savchenko was not a party to the September 2016 Agreement and the July 2016 Agreement was superseded.

Court Disposition

claim and counterclaim dismissed