Hulley Enterprises Limited & Ors v The Russian Federation

Hulley Enterprises Limited & Ors v The Russian Federation

There is no real prospect of success on any of the grounds advanced by the Russian Federation for permission to appeal. The State Immunity Act does not exclude the application of English law principles such as issue estoppel against a foreign state. The arguments on special circumstances, treaty law, and expert evidence do not disclose any error of law or grounds for appeal. The payment on account of costs is ordered at £1.5 million, and interest on costs is awarded as standard.

Parties
Claimant: Hulley Enterprises Limited and others; Defendant: The Russian Federation
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Application / Ruling on Permission to Appeal and Costs
Outcome
Permission to appeal refused; payment on account of costs ordered; interest on costs awarded; case management directions given.
Legal Topics
State Immunity, Issue Estoppel, Jurisdiction, Costs, Enforcement of Judgments
Civil Procedure International Law State Immunity Issue Estoppel Jurisdiction Costs Enforcement of Judgments

Case Brief

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Parties

Hulley Enterprises Limited and others

Claimant

The Russian Federation

Defendant

Procedural Posture

Commercial Court Application / Ruling on Permission to Appeal and Costs

Legal Issues

  1. 1 Whether permission to appeal should be granted on grounds of real prospect of success or some other compelling reason
  2. 2 Whether issue estoppel applies against a foreign state
  3. 3 Interpretation and application of the State Immunity Act

Ratio Decidendi

There is no real prospect of success on any of the grounds advanced by the Russian Federation for permission to appeal. The State Immunity Act does not exclude the application of English law principles such as issue estoppel against a foreign state. The arguments on special circumstances, treaty law, and expert evidence do not disclose any error of law or grounds for appeal. The payment on account of costs is ordered at £1.5 million, and interest on costs is awarded as standard.

Court Disposition

Permission to appeal refused; payment on account of costs ordered; interest on costs awarded; case management directions given.

Orders

  • Permission to appeal refused on all grounds.
  • Defendant to pay £1.5 million on account of costs within 28 days, with £550,000 to be paid out of funds in court and the remainder to be paid by the Russian Federation.