LOUDMILA BOURLAKOVA & Ors v OLEG BOURLAKOV & Ors

LOUDMILA BOURLAKOVA & Ors v OLEG BOURLAKOV & Ors

England is the proper forum for the claims, as the risk of irreconcilable judgments and the need to try all alleged co-conspirators together outweighs Monaco's connections; service out and extensions were properly granted due to the complexity and diligence shown; no stay is granted under Article 34 or case management; claims against Mr Anufriev are not stayed for arbitration as pleaded; and service on Mr Anufriev in Latvia was valid.

Parties
Claimant: Loudmila Bourlakova; Claimant: Hermitage One Limited; Claimant: Greenbay Invest Holdings Limited; Defendant: Oleg Bourlakov; Defendant: Daniel Tribaldos; Defendant: Leo Services Holding Limited; 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
26 May 2022
Procedural Posture
Civil (chancery Division) / Jurisdiction Challenge, Applications to Set Aside Service Out, Stay, and Extensions of Claim Form
Outcome
Jurisdiction challenges and applications to set aside service out and extensions refused; no stay granted; arbitration stay refused; service on Mr Anufriev in Latvia held valid.
Legal Topics
Jurisdiction Challenge, Forum Non Conveniens, Service Out of Jurisdiction, Extension of Claim Form, Arbitration Stay, Recognition and Enforcement of Foreign Judgments, Matrimonial Property, Fraudulent Misrepresentation, Unlawful Means Conspiracy, Asset Misappropriation
Private International Law Civil Procedure Family Law Trusts and Estates Fraud Jurisdiction Challenge Forum Non Conveniens Service Out of Jurisdiction +7 more

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Parties

Loudmila Bourlakova

Claimant

Hermitage One Limited

Claimant

Greenbay Invest Holdings Limited

Claimant

Oleg Bourlakov

Defendant

Daniel Tribaldos

Defendant

Leo Services Holding Limited

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 Division) / Jurisdiction Challenge, Applications to Set Aside Service Out, Stay, and Extensions of Claim Form

Legal Issues

  1. 1 Whether the English court has jurisdiction over foreign defendants under the Brussels Regulation Recast and common law
  2. 2 Whether England is the proper forum for the dispute or Monaco is more appropriate (forum non conveniens)
  3. 3 Whether service out of the jurisdiction and extensions of the claim form were properly granted

Ratio Decidendi

England is the proper forum for the claims, as the risk of irreconcilable judgments and the need to try all alleged co-conspirators together outweighs Monaco's connections; service out and extensions were properly granted due to the complexity and diligence shown; no stay is granted under Article 34 or case management; claims against Mr Anufriev are not stayed for arbitration as pleaded; and service on Mr Anufriev in Latvia was valid.

Court Disposition

Jurisdiction challenges and applications to set aside service out and extensions refused; no stay granted; arbitration stay refused; service on Mr Anufriev in Latvia held valid.

Orders

  • Applications by Kazakov defendants and Panamanian Companies to set aside service out and extensions refused.
  • Applications for a stay under Article 34 and case management refused.