Baturina v Chistyakov

Baturina v Chistyakov

Claimant's proposed amendments relating to direct and indirect loss, expectation loss, and reliance loss have a real prospect of success and are permitted. Claims for restitution, restitutionary damages, and account of profits do not have a real prospect of success and are not permitted. Defendant cannot seek a stay on forum non conveniens grounds after amendment as he failed to advance it at this hearing. Summary judgment/strike out applications not proceeded with as amendments permitted.

Parties
Claimant/applicant: Elena Baturina; Defendant/respondent: Alexander Chistyakov
Jurisdiction
England and Wales
Judgment Date
10 June 2015
Procedural Posture
Commercial / Ruling on Amendment and Summary Judgment/strike Out Applications
Outcome
Claimant granted permission to amend claim in part; summary judgment/strike out applications not proceeded with; extension of time to serve Protective Claim granted
Legal Topics
Fraudulent Misrepresentation, Breach of Contract, Reflective Loss, Forum Non Conveniens, Amendment of Pleadings, Restitution, Damages
Contract Tort Company Law Conflict of Laws Fraudulent Misrepresentation Breach of Contract Reflective Loss Forum Non Conveniens +3 more

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Parties

Elena Baturina

Claimant/applicant

Alexander Chistyakov

Defendant/respondent

Procedural Posture

Commercial / Ruling on Amendment and Summary Judgment/strike Out Applications

Legal Issues

  1. 1 Whether claimant should be granted permission to amend her claim
  2. 2 Whether amended claim pleads a viable cause of action for recoverable loss
  3. 3 Whether defendant can seek a stay on forum non conveniens grounds after amendment

Ratio Decidendi

Claimant's proposed amendments relating to direct and indirect loss, expectation loss, and reliance loss have a real prospect of success and are permitted. Claims for restitution, restitutionary damages, and account of profits do not have a real prospect of success and are not permitted. Defendant cannot seek a stay on forum non conveniens grounds after amendment as he failed to advance it at this hearing. Summary judgment/strike out applications not proceeded with as amendments permitted.

Court Disposition

Claimant granted permission to amend claim in part; summary judgment/strike out applications not proceeded with; extension of time to serve Protective Claim granted

Orders

  • Permission to amend Particulars of Claim granted except for claims for restitution, restitutionary damages, and account of profits
  • Claimant to pay defendant's costs of issues abandoned in proposed amendments