Shell International Trading & Shipping Company Ltd & Ors v Tikhonov & Ors [2010] EWHC 1770 (QB) (16 July 2010)

Shell International Trading & Shipping Company Ltd & Ors v Tikhonov & Ors [2010] EWHC 1770 (QB) (16 July 2010)

Given the dishonest nature of Mr Tikhonov's defence, indemnity costs and compound interest at 4.5% with monthly or yearly rests are appropriate; permission to appeal and a stay are refused due to lack of merit and insufficient new evidence.

Source-derived case information.

Citation
[2010] EWHC 1770
Parties
Claimant: Shell International Trading & Shipping Company Limited; Claimant: Shell Trading International Limited; Claimant: Shell Trading Russia BV; Defendant: Evegny Tikhonov; Defendant: T Capital Limited; Defendant: T Capital Management Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2010
Procedural Posture
Civil / Post Judgment Orders Following Trial
Outcome
Orders made for compound interest, indemnity costs, disclosure of hearsay statements, refusal of permission to appeal and stay.
Legal Topics
Compound Interest, Indemnity Costs, Permission to Appeal, Stay Pending Appeal, Hearsay Evidence
Commercial Law Employment Law Compound Interest Indemnity Costs Permission to Appeal Stay Pending Appeal Hearsay Evidence

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Parties

Shell International Trading & Shipping Company Limited

Claimant

Shell Trading International Limited

Claimant

Shell Trading Russia BV

Claimant

Evegny Tikhonov

Defendant

T Capital Limited

Defendant

T Capital Management Limited

Defendant

Procedural Posture

Civil / Post Judgment Orders Following Trial

Legal Issues

  1. 1 Appropriate rate and calculation method for compound interest on sums due
  2. 2 Entitlement to indemnity costs due to dishonest defence
  3. 3 Disclosure of hearsay statements to police

Ratio Decidendi

Given the dishonest nature of Mr Tikhonov's defence, indemnity costs and compound interest at 4.5% with monthly or yearly rests are appropriate; permission to appeal and a stay are refused due to lack of merit and insufficient new evidence.

Court Disposition

Orders made for compound interest, indemnity costs, disclosure of hearsay statements, refusal of permission to appeal and stay.

Orders

  • Compound interest at 4.5% per annum with monthly or yearly rests from dates of receipt to 23 June 2010.
  • Indemnity costs ordered against Mr Tikhonov.