Fiona Trust & Holding Corporation & Ors v Skarga & Ors

Fiona Trust & Holding Corporation & Ors v Skarga & Ors

Russian law governs the tort of bribery because the most significant elements occurred in Russia and there is no clear preponderance of factors to displace the general rule in favour of English law.

Parties
Appellant: Fiona Trust & Holding Corporation & Ors; First Respondent: Dimitry Skarga & Ors; Second to Twentieth Respondents: Yuri Nikitin & Ors
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Bribery, Applicable Law, Conflict of Laws
Private International Law Tort Law Bribery Applicable Law Conflict of Laws

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Parties

Fiona Trust & Holding Corporation & Ors

Appellant

Dimitry Skarga & Ors

First Respondent

Yuri Nikitin & Ors

Second to Twentieth Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the applicable law governing the tort of bribery: English law or Russian law?
  2. 2 Does section 12 of the Private International Law (Miscellaneous Provisions) Act 1995 displace the general rule under section 11 in favour of English law?

Ratio Decidendi

Russian law governs the tort of bribery because the most significant elements occurred in Russia and there is no clear preponderance of factors to displace the general rule in favour of English law.

Court Disposition

Appeal dismissed

Orders

  • Russian law is the applicable law for the bribery claims
  • No further matters in the grounds of appeal arise