Berezovsky v Abramovich

Berezovsky v Abramovich

The Rusal issues are sufficiently discrete, important, and common to all actions to justify being tried once in the Abramovich Action, with Chancery Division defendants participating and bound by the findings. This approach minimizes the risk of inconsistent judgments, saves costs, and is fair, despite the possibility of some remaining overlap and the speculative risk of delay from appeals. Complete joinder is not feasible, and simultaneous or separate trials would be inefficient and undesirable.

Parties
Claimant: Boris Berezovsky; Defendant: Roman Abramovich; Defendants: Hine & Ors
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Civil (commercial/chancery) / Joint Case Management Conference; Interlocutory Judgment
Outcome
Application granted in part; Rusal issues to be tried once in the Abramovich Action with binding effect on Chancery Division defendants.
Legal Topics
Case Management, Issue Joinder, Trial of Preliminary Issues, Risk of Inconsistent Judgments
Civil Procedure Commercial Law Equity and Trusts Case Management Issue Joinder Trial of Preliminary Issues Risk of Inconsistent Judgments

Case Brief

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Parties

Boris Berezovsky

Claimant

Roman Abramovich

Defendant

Hine & Ors

Defendants

Procedural Posture

Civil (commercial/chancery) / Joint Case Management Conference; Interlocutory Judgment

Legal Issues

  1. 1 Whether overlapping factual and legal issues in related actions should be tried together or separately
  2. 2 Whether the 'Rusal issues' should be determined once and bind parties in all related actions
  3. 3 Whether partial joinder of issues is appropriate given complexity and risk of inconsistent findings

Ratio Decidendi

The Rusal issues are sufficiently discrete, important, and common to all actions to justify being tried once in the Abramovich Action, with Chancery Division defendants participating and bound by the findings. This approach minimizes the risk of inconsistent judgments, saves costs, and is fair, despite the possibility of some remaining overlap and the speculative risk of delay from appeals. Complete joinder is not feasible, and simultaneous or separate trials would be inefficient and undesirable.

Court Disposition

Application granted in part; Rusal issues to be tried once in the Abramovich Action with binding effect on Chancery Division defendants.

Orders

  • The Rusal issues shall be determined in the Abramovich Action as preliminary issues, binding all relevant parties in both Commercial and Chancery actions.
  • Chancery Division defendants are permitted to participate in the Abramovich Action on the Rusal issues, with rights to disclosure and evidence, subject to trial management.