Mikhail Polunin v Vladislav Sossenkin [2024] DIFC CFI 082 (15 February 2024)

Mikhail Polunin v Vladislav Sossenkin [2024] DIFC CFI 082 (15 February 2024)

The defendant failed to acknowledge service or file a defence within the required time. The claimant complied with all procedural requirements for default judgment. The court therefore granted the claimant's requests for share transfer, damages to be assessed, and costs.

Citation
[2024] DIFC CFI 082
Parties
Claimant: Mikhail Polunin; Defendant: Vladislav Sossenkin
Jurisdiction
United Arab Emirates
Judgment Date
15 February 2024
Procedural Posture
Civil / Default Judgment Order
Outcome
Default judgment granted in favour of the claimant.
Legal Topics
Default Judgment, Option Agreement, Breach of Contract, Damages, Share Transfer
Contract Law Commercial Law Default Judgment Option Agreement Breach of Contract Damages Share Transfer

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Parties

Mikhail Polunin

Claimant

Vladislav Sossenkin

Defendant

Procedural Posture

Civil / Default Judgment Order

Legal Issues

  1. 1 Whether the requirements for default judgment under the DIFC Rules are satisfied
  2. 2 Whether the defendant breached the Option Agreement by failing to transfer shares
  3. 3 Entitlement to damages and costs

Ratio Decidendi

The defendant failed to acknowledge service or file a defence within the required time. The claimant complied with all procedural requirements for default judgment. The court therefore granted the claimant's requests for share transfer, damages to be assessed, and costs.

Court Disposition

Default judgment granted in favour of the claimant.

Orders

  • Defendant to transfer HDL Shares to the claimant or designated assignee within 14 days pursuant to the Option Agreement.
  • Defendant to pay damages for losses arising from breach of the Option Agreement, amount to be assessed by the court.