Dmitry Gerasimenko & Ors v VTB Capital Plc (in administration) & Ors [2025] EWHC 1333 (Comm) (03 June 2025)

Dmitry Gerasimenko & Ors v VTB Capital Plc (in administration) & Ors [2025] EWHC 1333 (Comm) (03 June 2025)

There is no arguable case against VTBC because the evidence, including the Explanations Document, does not support any actionable wrongdoing or participation by VTBC in the alleged 'Raider Attack' under Russian law. The claimants' case is speculative, unsupported by facts, and insufficient to proceed to trial. Summary judgment is granted to VTBC.

Citation
[2025] EWHC 1333 (Comm)
Parties
Claimant: Dmitry Gerasimenko; Claimant: RedOctober Ltd; Claimant: Segoa Ventures Limited; Claimant: Boonvision Limited; Defendant: VTB Capital PLC (in administration); Defendant: OWH SE (Previously known as VTB Bank (Europe) SE); Defendant: JSC Research and Production Corporation Uralvagonzavod; Defendant: Dmitry Alexandrovich Pumpyanskiy; Defendant: Pavel Vladimirovich Krotov; Defendant: PJSC TMK; Defendant: JSC Red October Corporation; Defendant: Hefestos SPS SA (Previously known as TMK Global SA); Defendant: RO Steel SA; Defendant: JSC VTB Bank
Jurisdiction
England and Wales
Judgment Date
03 June 2025
Procedural Posture
Commercial Court Claim (summary Judgment Application) / Summary Judgment Determination
Outcome
Summary judgment granted for VTBC (First Defendant)
Legal Topics
Summary Judgment, Jurisdiction, Foreign Law (russian Civil Code), Vicarious Liability, Anchor Defendant, Expropriation, Corporate Wrongdoing
Commercial Law Conflict of Laws Tort Law Summary Judgment Jurisdiction Foreign Law (russian Civil Code) Vicarious Liability Anchor Defendant +2 more

Case Brief

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Parties

Dmitry Gerasimenko

Claimant

RedOctober Ltd

Claimant

Segoa Ventures Limited

Claimant

Boonvision Limited

Claimant

VTB Capital PLC (in administration)

Defendant

OWH SE (Previously known as VTB Bank (Europe) SE)

Defendant

JSC Research and Production Corporation Uralvagonzavod

Defendant

Dmitry Alexandrovich Pumpyanskiy

Defendant

Pavel Vladimirovich Krotov

Defendant

PJSC TMK

Defendant

JSC Red October Corporation

Defendant

Hefestos SPS SA (Previously known as TMK Global SA)

Defendant

RO Steel SA

Defendant

JSC VTB Bank

Defendant

Procedural Posture

Commercial Court Claim (summary Judgment Application) / Summary Judgment Determination

Legal Issues

  1. 1 Whether there is an arguable case against VTB Capital PLC (VTBC) to justify trial
  2. 2 Whether VTBC is liable under Russian law for alleged participation in the 'Raider Attack' and expropriation of claimants' assets
  3. 3 Whether the Explanations Document supports a claim of deliberate wrongdoing by VTBC

Ratio Decidendi

There is no arguable case against VTBC because the evidence, including the Explanations Document, does not support any actionable wrongdoing or participation by VTBC in the alleged 'Raider Attack' under Russian law. The claimants' case is speculative, unsupported by facts, and insufficient to proceed to trial. Summary judgment is granted to VTBC.

Court Disposition

Summary judgment granted for VTBC (First Defendant)

Orders

  • Claim against VTB Capital PLC (in administration) dismissed
  • No order made regarding other defendants at this stage; consequential matters to be dealt with by written submissions unless oral hearing requested