Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

Permission to amend the Particulars of Claim and join Veronica Bourlakova as claimant is granted because no reasonably arguable limitation defence is established, English jurisdiction is confirmed under Brussels Recast and common law, England is clearly the appropriate forum, and the claims against the anchor defendant are genuine. Discretion favours permitting the amendments given the interests of justice and procedural efficiency.

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
11 October 2024
Procedural Posture
Civil / Ruling on Amendment Applications and Joinder
Outcome
Permission to amend and join granted
Legal Topics
Amendment of Pleadings, Joinder of Parties, Jurisdiction, Forum Non Conveniens, Limitation, Declaratory Relief, Damages, Fraud, Conspiracy
Civil Procedure International Law Company Law Family Law Amendment of Pleadings Joinder of Parties Jurisdiction Forum Non Conveniens +5 more

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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 / Ruling on Amendment Applications and Joinder

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim and join an additional claimant
  2. 2 Whether limitation bars the proposed new claims
  3. 3 Whether the English court has jurisdiction over the proposed new claims and parties

Ratio Decidendi

Permission to amend the Particulars of Claim and join Veronica Bourlakova as claimant is granted because no reasonably arguable limitation defence is established, English jurisdiction is confirmed under Brussels Recast and common law, England is clearly the appropriate forum, and the claims against the anchor defendant are genuine. Discretion favours permitting the amendments given the interests of justice and procedural efficiency.

Court Disposition

Permission to amend and join granted

Orders

  • Kazakovs' application to adjourn refused
  • Kazakovs' application to rely on further evidence allowed