08 December 2017Tatneft successfully challenged on appeal the decision of the High court of London, which in November 2016 rejected the claim of the Russian company to the owners of the Ukrainian group "Privat" Igor Kolomoisky and Gennady Bogolyubov. Oil company accused the business in the fraudulent misappropriation of funds from oil supplies to the Kremenchug refinery, which at the end of 2000-ies came under the control of the group "Privat" and estimated the damage at $334 million.
The court of appeal of England and Wales upheld the appeal of Tatneft for the decision of the High court of London dated November 8, 2016, which rejected the claim of the oil company to the Ukrainian businessmen Gennady Bogolyubov, Igor Kolomoisky, Alexander Yaroslavsky and Pavel Ovcharenko. The lawyer of Khrenov and Partners Alexander Kostin commented on the possible outcome of the case.
Alexander Kostin says that it is difficult to identify the specific motif, which served as the basis for cancellation the decision of the lower court, given the complex nature of the proceedings. "It is obvious that in this case common incorrect assessment of actual circumstances by the lower court of played its role",— says the lawyer.
According to Mr. Kostin, the decision of the court of appeal of England and Wales may be appealed to the Supreme court of the United Kingdom, but it is necessary to obtain a permission to appeal. The appeal deadline is 28 days from the date of the decision, but the trial process in the Supreme court of the UK is not analogous to the courts of continental Europe: "Given that the present case has rather little to do with Britain (considering the participants), it can serve as a barrier to the transfer the complaint to the Supreme court. Given the complex texture of the case, to determine the specific timing of its resolution is not possible"— sums up Alexander Kostin.
The whole article in Russian is here