Day 19

(1) Bank St Petersburg PJSC (2) Alexander Savelyev v (1) Vitaly Arkhangelsky (2) Julia Arkhangelskaya (3) Oslo Marine Group Ports

Day 19 — Redacted March 1, 2016

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March 1, 2016 Day 19 — Redacted

1 Tuesday, 1 March 2016
2 (10.00 am)
3 (Proceedings delayed)
4 (10.05 am)
5 Housekeeping
6 MR JUSTICE HILDYARD: Yes, good morning.
7 MR STROILOV: May it please your Lordship. Your Lordship,
8 before I call Ms Meylanova, I am afraid I have to report
9 a big organisational disaster on my end, which is that
10 Mr Bromley-Martin is not in London yet. There was some
11 confusion on our end. He thought he was only giving
12 evidence tomorrow, as he was meant to at some time, and
13 then somehow I have either confused him or confused
14 myself about it’s being moved to today. I do apologise,
15 I am sure it is my fault.
16 So I am afraid all the best we can do, I think,
17 after calling Ms Meylanova is to address the
18 housekeeping issues which have accumulated.
19 There might be a chance that Mr Nazarov will arrive
20 in time to be called just after lunch. There is
21 a chance. He is flying in this morning, and in
22 the circumstances I might be able to call him just after
23 lunch, but other than that, I think we risk having
24 a rather short day today. I do apologise.
25 MR JUSTICE HILDYARD: Mr Bromley-Martin is expected to give

1 substantial of the three witnesses on offer.
2 MR LORD: Yes, he is. My Lord, this calls for — from
3 a McKenzie friend who has been licensed to conduct the
4 case, this calls for a very careful written explanation.
5 This is a very expensive matter. It is being paid for
6 by one party, and we’ve been debating timetabling and
7 we’ve been told endlessly Mr Bromley-Martin when he can
8 come, when he can’t come, we assumed there was a very
9 finely balanced arrangement, we’ve been trying to pare
10 out notes down, and then we are told this morning at
11 9.50 that he is just not in London. That raises a very
12 big question.
13 MR JUSTICE HILDYARD: When did it emerge, this problem?
14 MR STROILOV: I learnt about it at 9.45 am this morning.
15 I expected him to be here and then —
16 MR JUSTICE HILDYARD: What, you telephoned him and he said:
17 I’m still in the Isle of Man?
18 MR STROILOV: Yes, he said: I thought it’s tomorrow.
19 MR JUSTICE HILDYARD: He couldn’t come on a plane? The
20 isle of Man is not Brazil, it is not that far away.
21 MR STROILOV: Well, it is not but, well, he thought he was
22 scheduled and all the flights had been booked —
23 MR JUSTICE HILDYARD: Maybe he did, but having realised that
24 he was letting the court down, he couldn’t get a plane?
25 MR STROILOV: Well, I don’t — he could have — do you mean

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1 evidence tomorrow and the next day, is he?
2 MR STROILOV: Well, on the latest revised timetable he was
3 meant to be today, with a possible overspill into
4 tomorrow.
6 MR STROILOV: He had been timetabled for tomorrow with
7 a possible overspill, and Thursday previously, and there
8 has been some misunderstanding.
9 MR JUSTICE HILDYARD: What is the misunderstanding? The
10 court isn’t a sort of hop-on bus, you know.
11 MR STROILOV: I do appreciate that, my Lord.
12 MR JUSTICE HILDYARD: It is outrageous, really, it is.
13 I sympathise with you in discharging
14 semi-professional — you know, standing in the shoes of
15 a professional when you are not a professional, that
16 I have endless sympathy, but just getting your witnesses
17 here in time, that I find much more difficult to
18 swallow.
19 MR LORD: My Lord, this raises rather serious points.
20 I need to think a bit about this and the timetabling and
21 the impact. I wonder if we could pick this up, because
22 I am not happy with Mr Nazarov, I’m not ready for
23 Mr Nazarov. I’ve spent a lot of time preparing for
24 Mr Bromley-Martin.
25 MR JUSTICE HILDYARD: Mr Bromley-Martin is by far the most

1 he could have rushed to an airport right now?
2 MR JUSTICE HILDYARD: Yes, exactly, he could have rushed to
3 an airport, that is what one would have expected him to
4 have done, bearing in mind that he knew that the
5 High Court was sitting at tremendous expense.
6 MR STROILOV: It didn’t really occur to me to suggest doing
7 that on that emergency basis.
8 MR JUSTICE HILDYARD: Well, I don’t know what the time is.
9 Do you want to tell him to get on a plane at 12.00 and
10 be here by 2.00?
11 MR LORD: Good idea.
12 MR STROILOV: I can try.
13 MR JUSTICE HILDYARD: I think you should try. I will let
14 you do that.
15 (10.10 am)
16 (A short break)
17 (10.22 am)
19 MR STROILOV: My Lord, I am afraid I have got no
20 reassurance. The nearest flight will make him land in
21 Stansted at 3.00 pm and he will reach court by 4.30
22 approximately, so there would be no point, really, in
23 rushing him in today. I do apologise.
24 MR JUSTICE HILDYARD: Well, I am still at something of
25 a loss to understand how this occurred. I well

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