Joint Stock Company (Aeroflot-Russian Airlines) v Berezovsky and Another: CA 16 Jan 2014

The appellant had judgments obtained in Russia against the respondent. It now appealed against a refusal of enforcement of those judgments based upon the ground that there was a complete defence to the recognition and enforcement of the judgments namely public policy, by reason of the ‘finality principle’.
Held: Summary judgment was inapplicable. Substantial issues required to be decided involving conflicting expert evidence as to Russian Law, and these could only be decided at a full trial.

Toulson L, Arden, Kitchin LJJ
[2014] EWCA Civ 20
England and Wales
CitedNouvion v Freeman HL 1889
A judgment of a court of competent jurisdiction may be final and binding, even though a right of appeal to a superior court remains open.
Lord Herschell stated on the question of finality or conclusiveness of a foreign judgment: ‘in order to . .
CitedHenderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
CitedCarl Zeiss Stiftung v Rayner and Keeler Ltd (No 2) HL 1966
An agency had to be proved in a search to identify an entity which the law recognised (a) existed and (b) was legally responsible for the acts in issue in the proceedings. The House was asked whether the fact that an issue had already been . .
CitedJohnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
CitedRyabykh v Russia ECHR 24-Jul-2003
The entrenched rights of a litigant would be illusory if a judicial decision by an independent body which had become final and binding could thereafter be quashed by a higher court on the application of a state official. A departure from that . .

Lists of cited by and citing cases may be incomplete.

International, Litigation Practice

Updated: 09 November 2021; Ref: scu.519786