The full judgment from the $bn legal battle between Roman Abramovich and his business partner Boris Berezovsky. This is my judgment in relation to Mr. Berezovky’s (“the Claimant”) application for an order for enhanced disclosure, pursuant to CPR (1). Mr. Rabinowitz QC. Mr Berezovsky’s initial stance in relation to this application was to say that the As appears from Mann J’s earlier judgment, Mr Abramovich sought to strike out.
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While recuperating in Switzerland, Mr Berezovksy says he decided he had to become active in politics and to do that he would need his own media outlets. Mr Rabinowitz drew other points to our attention as being potential areas of factual overlap, including one relating to ownership of a Russian bank. We accept that there is likely to be evidence given in relation to that issue, and that there will be challenges on that issue.
Boris Berezovsky left and Roman Abramovich right. B and D were Russian businessmen. It may become apparent that the arrangements which we order should be varied, recalled or even expanded. The better course was for the present to allow both trials to take place simultaneously in October subject, of course, to the Commercial Court action being delayed by appeals. Asked what the reasons for his political influence were, Mr Berezovsky, said: The task is an onerous one not only because of the difficulty which may exist in identifying or defining the categories of document that may come within the ambit of such an order, and thus will have to be reviewed, but also because the decision-maker has to apply the relevant test to each document “Is it reasonable to suppose that this particular documents might lead to or might advance a train of enquiry?
Document: Berezovsky v Abramovich judgment in full
We adopt the same definitions and abbreviations as appear in that judgment. Mr Rabinowitz’s skeleton argument for this application sought to play down the significance of that dispute in the Abramovich proceedings. If it remained desirable that that action should go first with the Rusal issues being determined within it then the Chancery Division actions would have to be delayed too, this time by a potentially very significant time period.
D was a truthful and, on the whole, reliable witness see paras of judgment. From Wikipedia, the free encyclopedia. Of more concern to Mr Berezovsky was the potential delay from appeals. The Chancery Division proceedings should not, in our view, be heard simultaneously indeed that was Mr Berezovsky’s view at the previous CMC before Mann J, but he seems to have changed his mind.
Document: Berezovsky v Abramovich judgment in full – Telegraph
The defendants in the Chancery Division actions have identified the “Rusal issues” as being important issues which arise in both the Chancery Division proceedings and in the Abramovich Action. It has been acknowledged on all sides that there should be at least 2 phases of the Chancery Division trials, with the second one dealing with such things as quantum and any complex tracing procedures which success for Mr Berezovsky in phase 1 would require.
Mr Berezovsky went into private business as Mikhail Gorbachev introduced Perestroika in the mids, initially starting up a computer design company and then building a new car plant in Togliatti for AutoVaz. He submitted that the Practice Direction envisaged that an application for enhanced, train of enquiry disclosure, would be made by way berezovsmy an application for specific disclosure.
Boris Berezovsky and girlfriend Yelena Gorbunova. It is all so speculative that we consider we should disregard the possibility and revisit the question if future events require it. Thus the Rusal issues were not an appropriate delineation of relevant common issues if the judgmment was to avoid inconsistent decisions. They were supported in their submissions by the Interim Administrators and by the Salford Defendants.
A tale of two oligarchs. It was not always clear whether it would have involved the parties bringing in the whole nerezovsky their documentary case on for example the bilateral joint venture into the Abramovich Action.
We use the word “matters” here to include both things that are strictly in issue as pleaded issues, and other points that will be likely to arise, on the evidence, as important or significant matters of fact and as to which there is a dispute which will probably need to be addressed in both sets of cases. On any basis, this was a substantial case, as defined in Lord Justice Jackson’s Review. It is certainly undesirable to increase the number and scope of potential areas of inconsistent findings by adding the Rusal issues to them, which is what Mr Berezovsky proposes.
Assassination fears over death of Russian oligarch Boris Berezovsky. This page was last edited on 25 Novemberat Please log in or sign up for a free trial to access this bdrezovsky. Get 2 points on providing a valid reason for the above change. Various permutations have to be considered. That may be an uncomfortable conclusion, but it is true on the facts of these cases.
Boris Berezovsky v Roman Abramovich (2012)
It was not suggested that that delay of itself would imperil the October trial abramovidh, but there was a possibility of a further appeal to the Supreme Court. Since trying them both together is not feasible, there must be a partial joinder only. Contains public sector information licensed under the Open Government Licence v3. Law of Property Miscellaneous Provisions Act s 2 1.
Berezovsky v Abramovich
Mr Rabinowitz held out the prospect of delaying the Chancery Division actions pending such an appeal, which abrammovich again introduce delays that Mr Berezovsky would find unacceptable. Log In India UK.
Judgmment particular, there is no workable mechanism for how such a search could be linked to particular issues or classes of documents. In another insight into the business lives of the super-rich, it emerged that the money was paid through a company controlled abramovicu the Abu Dhabi royal family.
The cases before us present a pattern of serious, heavy and very complex litigation. That was so notwithstanding that both sides would be calling the other liars. English contract case law in British law in case law High Court of Justice cases. Mr Rabinowitz has drawn to our attention some dicta about the potential dangers of shortcuts taken via the trial of preliminary issues.