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England and Wales High Court (Commercial Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Danilina v Chernukhin & Ors  EWHC 2503 (Comm) (02 October 2018)
Cite as:  EWHC 2503 (Comm)
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
QUEEN'S BENCH DIVISION
Rolls Building, 7 Rolls Building
Fetter Lane, London EC4A 1NL
B e f o r e :
| Lolita Vladimirovna Danilina
|- and -
|(1)Vladimir Anatolevich Chernukhin
(2) Navigator Equities Limited
(3) Vadim Kargin
Jonathan Crow QC, James Weale and Fraser Campbell (instructed by Clifford Chance LLP) for the First and Second Defendants
Iain Pester (instructed by PCB Litigation LLP) for the Third Defendant
Hearing dates: 12 and 13 September 2018
Crown Copyright ©
Mr. Justice Teare :
The amount sought
Apportionment of costs between this case and Mr. Deripaska's s.67 arbitration claim
Is it probable that an order for security in an amount in excess of £1.1 million would stifle the claim ?
"My solicitors and I have approached the representatives of Mr. Deripaska to request that he assist me with the provision of security. We were recently informed that he had not agreed to do so."
The counterclaim of the First and Second Defendants
"There is no world in which my client would be pursuing a counterclaim for a declaration against Ms. Danilina that she does not own things to which he does not have title if she hadn't been suing him."
"a declaration that the present proceedings have been instigated and prosecuted pursuant to a corrupt and abusive arrangement between Mrs. Danilova and Mr. Deripaska for the collateral purpose of frustrating the Defendants' claims against Mr. Deripaska in Arbitral proceedings and/or the enforcement of awards obtained by them in those proceedings. The Defendants hereby give notice that they intend, following the conclusion of the present proceedings, to issue proceedings against Mrs. Danilova and Mr. Deripaska for tortious damages and/or contempt of court by reference to their participation in that corrupt and abusive arrangement and expressly reserve all their rights in that regard."
The intention of the First and Second Defendants
Possible security for a non-party security for costs order against Mr. Deripaska
The stage at which this application is being determined