Dalemont -v- Senatorov [2013] JRC 061 (20 March 2013)

The plaintiff is directed to apply to the Russian marshal for immediate discharge of the travel ban to enable the first defendant to attend Jersey court in person, as justice requires personal attendance and the prejudice to the defendant outweighs the plaintiff's loss of an enforcement remedy.

Citation: [2013] JRC 061
Parties: Plaintiff: Dalemont; First Defendant: Mr Senatorov; Third Defendant: Third Defendant
Jurisdiction: Jersey
Judgment Date: 20 March 2013
Procedural Posture: Directions Hearing / Interlocutory Judgment
Outcome: Plaintiff directed to apply for lifting Russian travel ban; undertakings by first defendant accepted.
Legal Topics: Travel Ban, Video Evidence, Enforcement of Foreign Judgments, Discretionary Orders

Civil Procedure International Enforcement Travel Ban Video Evidence Enforcement of Foreign Judgments Discretionary Orders

Case Brief

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Parties

Dalemont

Plaintiff

Mr Senatorov

First Defendant

Third Defendant

Procedural Posture

Directions Hearing / Interlocutory Judgment

Legal Issues

1 Should the plaintiff be ordered to apply for lifting the Russian travel ban to allow the first defendant to attend Jersey court in person?
2 Is temporary lifting and re-imposition of the travel ban possible under Russian law?
3 Does justice require personal attendance or is video link sufficient?

Ratio Decidendi

Court Disposition

Plaintiff directed to apply for lifting Russian travel ban; undertakings by first defendant accepted.

Orders

Plaintiff must apply to Russian marshal for immediate discharge of travel ban within four days.
Plaintiff may indicate application is at direction of Royal Court and intends to reapply for ban after hearing.