OJSC VTB Bank v Parline Ltd & Ors

OJSC VTB Bank v Parline Ltd & Ors

England is clearly and distinctly the more appropriate forum for the claim against the second defendant because proceedings against the first and third defendants will continue in England, and requiring the claim against the second defendant to be pursued in Russia would result in duplication of evidence and risk of inconsistent judgments. The claimant is entitled to sue in England, and all defendants are equally culpable under Russian law.

Parties
Claimant: OJSC VTB Bank; Defendant: Parline Limited; Defendant: Raisa Nikolayevna Parshine; Defendant: Evgeny Vitaljevich Bulgakov
Jurisdiction
England and Wales
Judgment Date
25 October 2013
Procedural Posture
Commercial / Application to Set Aside Service Out of Jurisdiction
Outcome
application dismissed
Legal Topics
Jurisdiction, Forum Conveniens, Service Out of Jurisdiction, Necessary or Proper Party
Civil Procedure Conflict of Laws Jurisdiction Forum Conveniens Service Out of Jurisdiction Necessary or Proper Party

Case Brief

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Parties

OJSC VTB Bank

Claimant

Parline Limited

Defendant

Raisa Nikolayevna Parshine

Defendant

Evgeny Vitaljevich Bulgakov

Defendant

Procedural Posture

Commercial / Application to Set Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether England is clearly the most appropriate forum for the trial against the second defendant
  2. 2 Whether service out of jurisdiction on the second defendant should be set aside

Ratio Decidendi

England is clearly and distinctly the more appropriate forum for the claim against the second defendant because proceedings against the first and third defendants will continue in England, and requiring the claim against the second defendant to be pursued in Russia would result in duplication of evidence and risk of inconsistent judgments. The claimant is entitled to sue in England, and all defendants are equally culpable under Russian law.

Court Disposition

application dismissed

Orders

  • The application to set aside service out of jurisdiction is dismissed.
  • Parties to return for a case management conference after pleadings have closed.