OJSC VTB Bank v Parline Ltd & Ors

OJSC VTB Bank v Parline Ltd & Ors

VTB’s claim under Article 1064 cannot be brought until the conclusion of the bankruptcy process, which has not occurred; causation and loss were not proved with the necessary certainty and specificity; the claim is unproven and unsustainable.

Parties
Claimant: OJSC VTB Bank; Defendant: Parline Limited; Defendant: Raisa Nikolayevna Parshina; Defendant: Evgeny Vitaljevich Bulgakov
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Commercial / Final Judgment
Outcome
claim dismissed
Legal Topics
Subsidiary Liability, Corporate Insolvency, Russian Civil Code Article 1064, Quantification of Loss, Limited Liability, Bankruptcy Proceedings
Commercial Law Bankruptcy Law Tort Law Subsidiary Liability Corporate Insolvency Russian Civil Code Article 1064 Quantification of Loss Limited Liability +1 more

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Parties

OJSC VTB Bank

Claimant

Parline Limited

Defendant

Raisa Nikolayevna Parshina

Defendant

Evgeny Vitaljevich Bulgakov

Defendant

Procedural Posture

Commercial / Final Judgment

Legal Issues

  1. 1 Whether VTB’s claim can be brought under Article 1064 of the Russian Civil Code
  2. 2 Whether causation is proved, specifically whether the alleged acts caused Yurganz’s insolvency and bankruptcy and whether the Defendants caused or procured those acts
  3. 3 Whether VTB’s loss is proved with the necessary certainty and specificity

Ratio Decidendi

VTB’s claim under Article 1064 cannot be brought until the conclusion of the bankruptcy process, which has not occurred; causation and loss were not proved with the necessary certainty and specificity; the claim is unproven and unsustainable.

Court Disposition

claim dismissed