Cherney v Deripaska: ComC 3 Jul 2008

Renewed application for leave to serve proceedings out of jurisdiction. The court considered a submission that a fair trial would not be possible in Russia: ‘An English court will approach with considerable circumspection any contention that a potential claimant cannot obtain justice or a fair hearing in a foreign court and will require ‘positive and cogent’ evidence to persuade it to the contrary: The Abidin Daver [1984] AC 398, 411c. Assertions to that effect are relatively easily made by generalised statements and may be difficult comprehensively to refute. I further accept that research of Russian law may suffer from what Professor Stephan describes as an ‘echo chamber effect’ where one commentator states an impression which is swapped with the impression of another commentator, each citing the other as authority supporting their own thesis without any systematic study of data. It is, however, right to have some regard to any consensus of academic opinion, based on research and personal familiarity, particularly when backed by specific instances . . or determinations of the ECHR or other courts.
In the absence of cogent evidence to the contrary the Court will start with the working assumption, for which comity calls, that courts in other judicial systems will seek to do justice in accordance with applicable laws, and will be free from improper interference or restriction. As this case indicates, where there is evidence to the contrary it may be hotly in dispute and difficult to evaluate. Such evidence is likely, insofar as it derives from reports and articles, to consist of ‘broad and conclusory allegations, founded on multiple levels of hearsay’ and, if so, to be unacceptable as an indictment of a legal system or part of it . . .But the Court is not blind to the fact that unfairness or partiality may arise from that which occurs behind the scenes rather than centre stage.’
Christopher Clarke J
[2008] EWHC 1530 (Comm), [2009] 1 All ER (Comm) 333
Bailii
Citing:
CitedThe Abidin Daver HL 1984
The House considered the application of the doctrine of forum conveniens.
Held: A stay of an English action on the ground of forum non conveniens could be resisted on the ground that justice could not be obtained in the otherwise more . .

Cited by:
CitedPacific International Sports Clubs Ltd v Soccer Marketing International Ltd and Others ChD 24-Jul-2009
The parties disputed ownership of shares in the football club Dynamo Kiev. Claims were to be made under Ukrainian company law and in equity. The claimant (a company registered in Mauritius) sought to proceed here. The defendants (largely companies . .
Appeal FromDeripaska v Cherney CA 31-Jul-2009
The court considered where the trial of the action should take place.
Held: The defendant’s appeal failed. Even though the rights sought to be protected were of a proprietary nature, where the rights could properly be said to have arisen under . .
CitedVarsani v Relfo Ltd CA 27-May-2010
The defendant appealed against refusal of a declaration that the court had no jurisdiction to hear the claim. He said that he lived in Kenya, and the claimant had failed first to apply for leave to serve out of the jurisdiction. The claimant had . .
CitedWilliams v Central Bank of Nigeria QBD 24-Jan-2012
The claimant asserted involvement by the defendant bank in a fraud perpetrated against him. Jurisdiction had already been admitted for one trust , and now the claimant sought to add two further claims.
Held: ‘None of the gateways to English . .

These lists may be incomplete.
Updated: 08 February 2021; Ref: scu.270635