Deripaska v Cherney

Deripaska v Cherney

Although Russia is the natural forum, the cumulative risks to the respondent (assassination, prosecution on trumped-up charges, and lack of a fair trial) are sufficient to make England the appropriate forum for trial in the interests of justice. The judge had sufficient and cogent evidence to support these findings, and the trust claim arises out of a contract made in England, falling within the jurisdictional gateway.

Parties
Appellant: Deripaska; Respondent: Cherney
Jurisdiction
England and Wales
Judgment Date
31 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Forum Conveniens, Service Out of Jurisdiction, Discretion to Serve Out, Risk of Unfair Trial, Trusts, Contractual Remedies
Civil Procedure Private International Law Forum Conveniens Service Out of Jurisdiction Discretion to Serve Out Risk of Unfair Trial Trusts Contractual Remedies

Case Brief

Summary, issues, holding and outcome

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Parties

Deripaska

Appellant

Cherney

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court) to Court of Appeal

Legal Issues

  1. 1 Whether England is the appropriate forum for trial despite Russia being the natural forum
  2. 2 Whether risks in Russia (assassination, prosecution, unfair trial) justify English jurisdiction
  3. 3 Whether the claim for a declaration in trust falls within the relevant jurisdictional gateway

Ratio Decidendi

Although Russia is the natural forum, the cumulative risks to the respondent (assassination, prosecution on trumped-up charges, and lack of a fair trial) are sufficient to make England the appropriate forum for trial in the interests of justice. The judge had sufficient and cogent evidence to support these findings, and the trust claim arises out of a contract made in England, falling within the jurisdictional gateway.

Court Disposition

appeal dismissed

Orders

  • Permission to serve proceedings out of the jurisdiction upheld
  • Proceedings to continue in England