Source: All England Reporter
Publisher Citation: [2012] All ER (D) 304 (Oct)
Neutral Citation: [2012] EWHC 3017 (Ch)
Court: Chancery Division
Judge:

Floyd J

Representation Philip Marshall QC, Aidan Casey and Justin Higgo (instructed by Pinsent Masons LLP) for the claimant.
  George Leggatt QC and Richard Blakeley (instructed by Addleshaw Goddard LLP) for the first defendant.
  Philip Jones QC and Jennifer Haywood (instructed by Boodle Hatfield LLP) for the second defendant.
Judgment Dates: 30 October 2012

Catchwords

Conflict of laws - Foreign judgments - Enforcement - Defendants being found guilty of fraud in Russia and ordered to compensate claimant company - Compensation orders subsequently being increased - Claimant seeking to enforce Russian judgments in England - Defendants seeking summary judgment - Whether defendants being subject to Russian jurisdiction - Whether principle of finality being breached - Whether claimant relying on wrong judgment against second defendant.

The Case

Conflict of laws Foreign judgments. Russian courts convicted the defendants of fraud and ordered them to compensate a Russian airline. The compensation orders were subsequently increased. The airline sought to enforce the judgments in England. The defendants sought summary judgment on the grounds that the Russian courts had no jurisdiction over them or alternatively that enforcement of the judgments would be contrary to public policy and to principles of natural justice. The Chancery Division granted summary judgment on the basis that the variation of the compensation orders had been in breach of the finality principle.

Practice Areas

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