Berezovsky v Hine & Ors

Berezovsky v Hine & Ors

It would be unjust and prejudicial to allow the claimant to amend his case at this late stage to plead a proprietary claim against the defendant based on an alleged Bilateral JVA, given the disruption to trial, prejudice to the defendant and other parties, and undermining of case management. The application to strike out is allowed.

Parties
Claimant: Boris Abramovich Berezovsky; Defendant: Roman Arkadievich Abramovich; Defendants: Family Defendants; Defendants: Anisimov Defendants; Defendants: Salford Defendants
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Civil Commercial / Interlocutory Application (strike Out)
Outcome
Application to strike out allowed
Legal Topics
Strike Out Application, Amendment of Pleadings, Joint Venture, Trusts, Case Management
Civil Procedure Trusts Commercial Law Strike Out Application Amendment of Pleadings Joint Venture Case Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Boris Abramovich Berezovsky

Claimant

Roman Arkadievich Abramovich

Defendant

Family Defendants

Defendants

Anisimov Defendants

Defendants

Salford Defendants

Defendants

Procedural Posture

Civil Commercial / Interlocutory Application (strike Out)

Legal Issues

  1. 1 Whether the claimant may amend his case to plead a proprietary claim against the defendant based on an alleged bilateral joint venture agreement (JVA) with a third party
  2. 2 Whether the defendant's application to strike out parts of the claimant's statement of case should be allowed
  3. 3 Whether allowing the amendment would prejudice the defendant and other parties or disrupt the trial

Ratio Decidendi

It would be unjust and prejudicial to allow the claimant to amend his case at this late stage to plead a proprietary claim against the defendant based on an alleged Bilateral JVA, given the disruption to trial, prejudice to the defendant and other parties, and undermining of case management. The application to strike out is allowed.

Court Disposition

Application to strike out allowed

Orders

  • Strike out of any reliance on an alleged Bilateral JVA with Mr. Patarkatsishvili as grounding a cause of action against Mr. Abramovich
  • Claimant may not amend pleadings to introduce proprietary claims based on Bilateral JVA