Source: All England Reporter
Publisher Citation: [2014] All ER (D) 38 (Aug)
Neutral Citation: [2014] EWCA Civ 1134
Court: Court of Appeal, Civil Division

Lord Justice Rimer, Lord Justice Lewison and Lord Justice Christopher Clarke

Representation Barbara Dohmann QC, Andrew George and Tom Mountford (instructed by Paul Hastings Europe LLP) for the claimant.
  Stephen Moverley Smith QC and Nicholas Cherryman (instructed by Fried, Frank, Harris, Shriver & Jacobson (London) LLP) for the defendant.
Judgment Dates: 5 August 2014


Practice - Stay of proceedings - Foreign claimant and defendant - Claimant issuing proceedings against defendant for breach of contract and misrepresentation - Judge staying action in favour of Russian courts - Claimant appealing - Whether complex issues of law making England and Wales suitable forum - Whether no natural forum - Whether judge erring in finding misrepresentation claim being governed by Russian law - Whether monetary claim being sustainable.

The Case

Practice Stay of proceedings. The claimant issued proceedings against the defendant for breach of contract and misrepresentation. The judge stayed the action in favour of the courts of Russia and the claimant appealed. The Court of Appeal, Civil Division, in allowing the appeal, held that the monetary claim, as pleaded, whether in deceit or breach of contract was unsustainable. Accordingly, there was no point in granting a stay in favour of Russia.

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