Appeal No: A3/2018/1718 — DRAFT ORDER

Appeal No: A3/2018/1718

Case No: HC-2012-000165

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES

CHANCERY DIVISION (Hildyard J)

Before:

Sir Geoffrey Vos, Chancellor of the High Court

Lord Justice Patten

Lord Justice Males

 

18 March 2020

BETWEEN:

(1) VITALY ARKHANGELSKY

(2) JULIA ARKHANGELSKAYA

(3) OSLO MARINE GROUP PORTS LLC

Appellants

-v-

(1) BANK ST PETERSBURG OJSC

(2) ALEXANDER SAVELYEV

Respondents

 

_______________________________________________________________________

DRAFT ORDER

_______________________________________________________________________

 

UPON the Appellants’ appeal from the Order of Mr Justice Hildyard by the Appellants’ Notice dated 23 July 2018

AND UPON hearing Mr Pavel Stroilov (acting with the permission of the Court as McKenzie friend) for the Appellants and leading Counsel for the Respondents

AND UPON the handing down of the Court of Appeal’s Judgment dated 18 March 2020 (“the Court of Appeal Judgment”)

IT IS ORDERED THAT:

  1. The appeal against paragraph 2 of the Order of Hildyard J dated 9 May 2018 (the “Debt Claims”) is dismissed.
  2. Paragraph 4 of the Order of Hildyard J dated 9 May 2018 be set aside.
  3. The Counterclaim be remitted to the Chancery Division (to be heard by a Judge other than Hildyard J) for the purpose of a re-trial to determine the issue whether or not the Respondents are liable under article 1064 of the Russian Civil Code for the dishonest conspiracy alleged by the Appellants and any harm or losses recoverable by the Appellants thereunder, in the light of:
    1. The Court of Appeal’s findings as to the standard of proof;
    2. The unchallenged findings of primary fact made by Hildyard J in his judgment dated 9 May 2018, and
    3. The matters identified in the Chancellor’s Judgment (and in particular paragraphs 69 and 76 which identify evaluations and inferences and findings that were upheld and those held to require reconsideration).
  4. The matter be listed for a directions hearing in the Chancery Division (before the Judge to be nominated by the Chancellor to hear the retrial referred to in paragraph 3 above (the “nominated judge”)), to include consideration of what (if any) further evidence is to be called on the remission under paragraph 3 above (in particular in the light of the matters set out at paragraphs 99 to 104 of the Chancellor’s Judgment).
  5. Paragraphs 3 and 6 of the Order of Hildyard J dated 12 November 2018 (dealing with the costs of and occasioned by the Counterclaim) be set aside, the incidence of such costs to be determined by the nominated judge in the light of the determination of the matters remitted under paragraph 3 above.
  6. Paragraph 2 of the Order dated 9 May 2018 (in relation to the Debt Claims) and paragraphs 1, 2 and 5 of the Order dated 12 November 2018 (in relation to the costs of and occasioned by the Debt Claims) shall continue to be stayed pending a final determination of the Counterclaim, or until further Order.
  7. The Respondents shall pay the Appellants’ costs of this appeal, summarily assessed at £4,350 within 28 days.
  8. Permission to appeal to the Supreme Court is refused.