Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

The court refused the anti-suit injunction. The Russian bankruptcy application, while parallel to the English proceedings in some factual respects, is substantively aimed at obtaining a bankruptcy appointment—a remedy only available in Russia. The application does not seek declaratory relief mirroring the English proceedings, and the risk of issue estoppel in England has been neutralised by the respondent's undertaking. The claimants failed to establish that the Russian proceedings are vexatious or oppressive, either objectively or subjectively. The existence of related litigation in other jurisdictions, including Florida, and the independence of the Russian bankruptcy administrator...

Parties
Claimant: Loudmila Bourlakova; Claimant: Hermitage One Limited; Claimant: Greenbay Invest Holdings Limited; Claimant: Veronica Bourlakova; Defendant: Oleg Bourlakov; Defendant: Daniel Tribaldos; Defendant: Leo Services Holding Ltd; Defendant: Leo Trust Switzerland AG; Defendant: Reuwen Schwarz; Defendant: Semen Anufriev; Defendant: Nikolai Kazakov; Defendant: Vera Kazakova; Defendant: Columbus Holding and Enterprises SA; Defendant: Finco Financial Inc; Defendant: Gatiabe Business Inc; Defendant: Edelweiss Investments Inc; Defendant: IPEC International Petroleum Co Inc
Jurisdiction
England and Wales
Judgment Date
23 April 2024
Procedural Posture
Civil (chancery, Business and Property) / Application for Anti Suit Injunction—interlocutory Decision
Outcome
Application for anti-suit injunction refused
Legal Topics
Anti Suit Injunctions, Forum Non Conveniens, Foreign Insolvency Proceedings, Issue Estoppel, Vexatious and Oppressive Proceedings
Civil Procedure Private International Law Insolvency Anti Suit Injunctions Forum Non Conveniens Foreign Insolvency Proceedings Issue Estoppel Vexatious and Oppressive Proceedings

Case Brief

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Parties

Loudmila Bourlakova

Claimant

Hermitage One Limited

Claimant

Greenbay Invest Holdings Limited

Claimant

Veronica Bourlakova

Claimant

Oleg Bourlakov

Defendant

Daniel Tribaldos

Defendant

Leo Services Holding Ltd

Defendant

Leo Trust Switzerland AG

Defendant

Reuwen Schwarz

Defendant

Semen Anufriev

Defendant

Nikolai Kazakov

Defendant

Vera Kazakova

Defendant

Columbus Holding and Enterprises SA

Defendant

Finco Financial Inc

Defendant

Gatiabe Business Inc

Defendant

Edelweiss Investments Inc

Defendant

IPEC International Petroleum Co Inc

Defendant

Procedural Posture

Civil (chancery, Business and Property) / Application for Anti Suit Injunction—interlocutory Decision

Legal Issues

  1. 1 Whether the English court should grant an anti-suit injunction restraining the seventh defendant from pursuing bankruptcy proceedings in Russia concerning the estate of the first defendant, on grounds of vexation or oppression and forum non conveniens.

Ratio Decidendi

The court refused the anti-suit injunction. The Russian bankruptcy application, while parallel to the English proceedings in some factual respects, is substantively aimed at obtaining a bankruptcy appointment—a remedy only available in Russia. The application does not seek declaratory relief mirroring the English proceedings, and the risk of issue estoppel in England has been neutralised by the respondent's undertaking. The claimants failed to establish that the Russian proceedings are vexatious or oppressive, either objectively or subjectively. The existence of related litigation in other jurisdictions, including Florida, and the independence of the Russian bankruptcy administrator...

Court Disposition

Application for anti-suit injunction refused