Summary
Summary judgment is appropriate where a defence has no realistic prospect of success and no compelling reason requires a trial. The court must assess the evidence without conducting a mini-trial, but may reject assertions that are contradicted by contemporaneous material or lack factual substance.
A final foreign judgment is ordinarily conclusive and cannot be impeached for errors of fact or law. The recognised exceptions are fraud, public policy, natural justice and penalties. Defences available in the foreign proceedings should generally be raised there; deliberate withholding requires a clear and persuasive explanation. A foreign judgment may nevertheless be unenforceable to the extent that it imposes a penal sum or manifestly excessive interest contrary to domestic public policy.
Factual background
VTB sought summary judgment under CPR Part 24.2 to enforce 16 final Russian judgments against Mr Skurikhin as guarantor of loans made to companies in the SAHO group. The judgments were subject to Russian law and jurisdiction.
Mr Skurikhin alleged that the judgments formed part of a fraudulent corporate raid and raised fraud, public policy, natural justice and fair-trial objections. He also argued that sums described as penalties or default interest were unenforceable. The central questions were whether those defences had a realistic prospect of success or created a compelling reason for trial, and whether the alleged penalties could be enforced.
Held
- Summary judgment. The court applied the principles in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch). The question was whether the proposed defence was realistic rather than fanciful, while avoiding a mini-trial. The court could nevertheless analyse whether factual assertions had real substance, taking account of contemporaneous documents and evidence reasonably expected at trial.
- Foreign judgments. Final and conclusive foreign judgments are enforceable and unimpeachable as to matters adjudicated upon, subject to the recognised exceptions of fraud, public policy, natural justice and penalties. Defences available in the foreign proceedings should ordinarily have been raised there. The explanations for withholding them were inconsistent and unsupported.
- Fraud, public policy and natural justice. The alleged corporate raid did not make commercial or evidential sense. There was no realistic basis for alleging conscious, deliberate and material dishonesty by VTB, fraudulent representations to the Russian courts, or concealment which caused the judgments. The public policy and natural justice objections depended on the same unsupported factual case and therefore failed. The alleged inability to defend in Russia was not a coherent explanation, and the Article 6 point added nothing.
- Penalties. The sums described as penalties or default interest represented about 20.26 per cent of the claim. It was arguable that they were punitive in effect and therefore unenforceable, notwithstanding that they were payable to a private claimant rather than the State.
- VTB obtained judgment for the principal sums and contractual interest. The claims characterised as penalties were not suitable for summary determination and remained arguable.
The court’s approach to earlier authorities
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Key cases cited
23 authorities cited.
- AK Investment CJSC v Kyrgyz Mobil Tel Limited and others (Isle of Man) [2011] UKPC 7
- HIH Casualty and General Insurance Limited and others (Respondents) v. Chase Manhattan Bank (Appellants) and others HIH Casualty and General Insurance Limited and others (Appellants) v. Chase Manhattan Bank (Respondents) and others (First Appeal) HIH Casualty and General Insurance Limited and others (Appellants) v. Chase Manhattan Bank (Respondents) and others (Second Appeal) (Conjoined appeals) [2003] UKHL 6
- Three Rivers District Council v. Governor and Company of the Bank of England [2001] UKHL 16
- The Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2013] EWCA Civ 328
- Doncaster Pharmaceuticals Group Ltd.& Ors v The Bolton Pharmaceutical Company 100 Ltd [2006] EWCA Civ 661
- Eliades & Ors v Lewis [2003] EWCA Civ 1758
- ED&F Man Liquid Products Ltd. v Patel & Anor [2003] EWCA Civ 472
- THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v HAMMOND AND ORS [2001] Lloyd's Rep PN 526
- Swain v Hillman [2001] 2 All ER 91
- Lazarus Estates Ltd v Beasley [1956] EWCA Civ 6
- JD Wetherspoon v Harris [2013] EWHC 1088
- Joint Stock Company (Aeroflot - Russian Airlines) v Berezovsky & Anor [2012] EWHC 3017 (Ch)
- Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniya "Naftogaz Ukrayiny" [2011] EWHC 1820 (Comm)
- Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 339 (Ch)
- Apvodedo NV v Collins [2008] EWHC 775 (Ch)
- Schnabel v Lui [2002] NSWSC 15
- Adams v Cape Industries plc [1990] Ch 433
- Jet Holdings Inc v Patel [1990] 1 QB 335
- SA Consortium General Textiles v Sun and Sand Agencies Ltd [1978] QB 279
- Miles v Bull [1969] 1 QB 258
- In re The Foreign Judgments (Reciprocal Enforcement) Act, 1933 (Syal v Heyward) [1948] 2 KB 443
- Pemberton v Hughes [1899] 1 Ch 781
- Gelley v Shepherd
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Cases citing this case
16 later cases · 13 positive · 2 caution · 1 negative
Most senior citing decisions:
- Xiong Wei & Anor v Wang Jinhong [2026] EWHC 1892 (Comm) applied
- BG Atlantic Inc v Hay Hill Investments Ltd [2026] EWHC 226 (KB) followed
- Hangzhou Jiudang Asset Management Co Limited & Anor v Kei Kin Hung [2022] EWHC 3265 (Comm) not followed
- LIV Bridging Finance Ltd v EAD Solicitors LLB [2020] EWHC 1590 (Ch)
- GFH Capital Ltd v Haigh & Ors [2020] EWHC 1269 (Comm)
- Bhattacharya & Anor v Omni Capital Partners Ltd [2020] EWHC 1644 (Ch)
- Mad Atelier International BV v Manes [2020] EWHC 1014 (Comm)
- Dory Acquisitions Designated Activity Company v Frangos (Rev 1) [2020] EWHC 240 (Comm)
- Oliver v Shaikh [2019] EWHC 3389 (QB)
- Process & Industrial Developments Ltd v The Federal Republic of Nigeria [2019] EWHC 2241 (Comm)
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