Dalemont -v- Senatorov and Others [2012] JRC 014 (12 January 2012)

Dalemont -v- Senatorov and Others [2012] JRC 014 (12 January 2012)

The Royal Court of Jersey has jurisdiction to order worldwide disclosure of assets by a non-resident defendant in a post-judgment case, and discretion should be exercised to maintain such an order where assets have been concealed through offshore structures and substantial justice would otherwise be denied.

Citation
[2012] JRC 014
Parties
Plaintiff: Plaintiff (Cyprus registered entity); First Defendant: First Defendant (Russian national); Second Defendant: Second Defendant (Jersey foundation); Third Defendant: Third Defendant (BVI incorporated entity); Fourth Defendant: Fourth Defendant (Cyprus incorporated entity)
Jurisdiction
Jersey
Judgment Date
12 January 2012
Procedural Posture
Application by Summons to Vary Interim Orders / Post Judgment, Hearing on Variation of Ex Parte Orders
Outcome
Application to vary disclosure order dismissed; worldwide disclosure order maintained.
Legal Topics
Worldwide Disclosure Orders, Jurisdiction, Enforcement of Foreign Judgments, Corporate Veil Piercing, Pauline Action
Civil Procedure International Enforcement Asset Recovery Worldwide Disclosure Orders Jurisdiction Enforcement of Foreign Judgments Corporate Veil Piercing Pauline Action

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Parties

Plaintiff (Cyprus registered entity)

Plaintiff

First Defendant (Russian national)

First Defendant

Second Defendant (Jersey foundation)

Second Defendant

Third Defendant (BVI incorporated entity)

Third Defendant

Fourth Defendant (Cyprus incorporated entity)

Fourth Defendant

Procedural Posture

Application by Summons to Vary Interim Orders / Post Judgment, Hearing on Variation of Ex Parte Orders

Legal Issues

  1. 1 Whether the Royal Court of Jersey has jurisdiction to order worldwide disclosure of assets by a non-resident defendant
  2. 2 Whether discretion should be exercised to maintain a worldwide disclosure order in a post-judgment case

Ratio Decidendi

The Royal Court of Jersey has jurisdiction to order worldwide disclosure of assets by a non-resident defendant in a post-judgment case, and discretion should be exercised to maintain such an order where assets have been concealed through offshore structures and substantial justice would otherwise be denied.

Court Disposition

Application to vary disclosure order dismissed; worldwide disclosure order maintained.

Orders

  • First defendant's obligation to disclose worldwide assets remains in force.
  • Time for disclosure not extended beyond original order.