WWRT Limited v Sergiy Tyshchenko and Olena Tyshchenko

WWRT Limited v Sergiy Tyshchenko and Olena Tyshchenko

There was no evidence of apparent bias warranting recusal. The stay application was an abuse of process as the grounds could have been raised earlier and, in any event, failed on the merits because the English court was first seised, Article 34 BRR did not apply, and the Ukrainian proceedings would not bind the parties or resolve all issues. Costs were summarily assessed in the claimant’s favour.

Parties
Claimant: WWRT Limited; Defendant: Sergiy Tyshchenko; Defendant: Olena Tyshchenko
Jurisdiction
England and Wales
Judgment Date
06 July 2021
Procedural Posture
Civil (commercial) / Interlocutory Applications (recusal and Stay)
Outcome
Applications dismissed
Legal Topics
Recusal of Judge, Stay of Proceedings, Abuse of Process, Costs Management
Civil Procedure Conflict of Laws Recusal of Judge Stay of Proceedings Abuse of Process Costs Management

Case Brief

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Parties

WWRT Limited

Claimant

Sergiy Tyshchenko

Defendant

Olena Tyshchenko

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Applications (recusal and Stay)

Legal Issues

  1. 1 Whether the judge should recuse herself for apparent bias
  2. 2 Whether proceedings should be stayed due to related Ukrainian litigation
  3. 3 Whether the stay application constitutes an abuse of process

Ratio Decidendi

There was no evidence of apparent bias warranting recusal. The stay application was an abuse of process as the grounds could have been raised earlier and, in any event, failed on the merits because the English court was first seised, Article 34 BRR did not apply, and the Ukrainian proceedings would not bind the parties or resolve all issues. Costs were summarily assessed in the claimant’s favour.

Court Disposition

Applications dismissed

Orders

  • Recusal application dismissed
  • Stay application dismissed