Verlox Internation Ltd & Anor v Igor Antoshin & Ors

Verlox Internation Ltd & Anor v Igor Antoshin & Ors

The court refused the amendment application because jurisdiction was originally established only for Verlox via the 'necessary or proper party' gateway, and Mr Sychev cannot now pursue the claim by reassignment. Allowing such amendment would constitute an abuse of process and violate established principles on jurisdiction.

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 / Ruling on Amendment Application and Revocation of Leave to Serve Out
Outcome
Amendment application refused; leave to serve out revoked.
Legal Topics
Amendment of Pleadings, Assignment of Claims, Service Out of Jurisdiction, Abuse of Process
Civil Procedure Jurisdiction Amendment of Pleadings Assignment of Claims Service Out of Jurisdiction Abuse of Process

Case Brief

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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 / Ruling on Amendment Application and Revocation of Leave to Serve Out

Legal Issues

  1. 1 Whether the claimant may amend the claim form to substitute Mr Sychev for Verlox after reassignment of the claim
  2. 2 Whether jurisdiction established via the 'necessary or proper party' gateway can be transferred by assignment
  3. 3 Whether the amendment application constitutes an abuse of process

Ratio Decidendi

The court refused the amendment application because jurisdiction was originally established only for Verlox via the 'necessary or proper party' gateway, and Mr Sychev cannot now pursue the claim by reassignment. Allowing such amendment would constitute an abuse of process and violate established principles on jurisdiction.

Court Disposition

Amendment application refused; leave to serve out revoked.

Orders

  • The Claimants’ amendment application fails.
  • The order giving Verlox leave to serve out is revoked.