Verlox International Ltd & Anor v Antoshin & Ors [2022] EWHC 2667 (Comm) (25 October 2022)

Verlox International Ltd & Anor v Antoshin & Ors [2022] EWHC 2667 (Comm) (25 October 2022)

The amendment application was refused because jurisdiction was only established through Verlox as claimant under the 'necessary or proper party' gateway, and Mr Sychev could not have established jurisdiction in his own name. Allowing the amendment would permit circumvention of jurisdictional rules and amount to an...

Source-derived case information.

Citation
[2022] EWHC 2667 (Comm)
Parties
Claimant: Verlox International Ltd; Claimant: Igor Sychev; Defendant: Igor Antoshin; Defendant: Parmas Corporation; Defendant: Avec Limited; Defendant: PJSC PhosAgro; Defendant: Andrey Grigoryevich Guryev
Jurisdiction
England and Wales
Judgment Date
25 October 2022
Procedural Posture
Commercial Court Claim / Interlocutory Application—amendment of Claim and Jurisdiction
Outcome
Amendment application refused; order granting Verlox leave to serve out revoked.
Legal Topics
Amendment of Pleadings, Jurisdiction, Assignment of Claims, Abuse of Process
Civil Procedure Private International Law Amendment of Pleadings Jurisdiction Assignment of Claims Abuse of Process

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Parties

Verlox International Ltd

Claimant

Igor Sychev

Claimant

Igor Antoshin

Defendant

Parmas Corporation

Defendant

Avec Limited

Defendant

PJSC PhosAgro

Defendant

Andrey Grigoryevich Guryev

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application—amendment of Claim and Jurisdiction

Legal Issues

  1. 1 Whether the claimant may amend the claim to substitute Mr Sychev for Verlox after assignment and re-assignment of the claim
  2. 2 Whether jurisdiction can be maintained after re-assignment to a party who could not originally establish jurisdiction
  3. 3 Whether the proceedings amount to an abuse of process

Ratio Decidendi

The amendment application was refused because jurisdiction was only established through Verlox as claimant under the 'necessary or proper party' gateway, and Mr Sychev could not have established jurisdiction in his own name. Allowing the amendment would permit circumvention of jurisdictional rules and amount to an abuse of process. The order granting Verlox leave to serve out was revoked as Verlox no longer had a claim.

Court Disposition

Amendment application refused; order granting Verlox leave to serve out revoked.

Orders

  • Claimants' application to amend the claim refused.
  • Order granting Verlox International Ltd leave to serve out of the jurisdiction revoked.