IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION
The Honourable Mrs Justice Gloster DBE
12 October 2012
BETWEEN:-
HCO8C03549 BORIS BEREZOVSICY Claimant - and -
INNA GUDAVADZE & OTHERS Defendants
HCO9C00494 BORIS BEREZOVSKY Claimant - and -
VASILY ANISIMOV & OTHERS Defendants
HCO9C00711 BORIS BEREZOVSICY Claimant - and -
SALFORD CAPITAL PARTNERS INC & OTHERS Defendants
1),D 1147
(f) MEEK ORDER UPON the Order of Mr Justice Mann and Mrs Justice Gloster DBE dated 16 August 2010, ordering the trial of the issues set out in paragraph 1 of that Order (the Overlap Issues) as preliminary issues in proceedings number HC08C03549 (the Main Action), HC09C00494 (the Metalloinvest Action) and HCO9C00711 (the Salford Action);
AND UPON the trial of the Overlap Issues (as amended by subsequent Orders) together with the trial of the Claimant's claims in Commercial Court proceedings number 2007 Folio 942 (the Joint Trial);
AND UPON the Court having heard oral evidence and having read the written evidence filed;
AND UPON hearing Leading Counsel for the Claimant, Counsel for the Second to Fifth Defendants in the Main Action (the Family Defendants), Leading Counsel for the Third to Fifth and Tenth Defendants in the Metalloinvest Action (the Anisimov Defendants), and Counsel for the Fourth to Ninth and Eleventh Defendants in the Salford Action (the Salford Defendants);
AND UPON the Court having given judgment on the Overlap Issues on 31 August 2012;
AND UPON the parties having agreed the orders as to costs set out in paragraphs 2 to 5 of this Order below;
IT IS ORDERED THAT:-
Determination of the Overlap Issues
1. The Overlap Issues are determined as follows:-
(1) The Claimant did not acquire any interest in any Russian aluminium industry assets prior to the alleged meeting at the Dorchester Hotel in March 2000 (other than as a result of the alleged overarching joint venture agreement alleged by the Claimant in the Main Action, in relation to which no findings are made).
(2) There was no meeting at the Dorchester Hotel in March 2000 at which the Claimant, Mr Arkadi Patarkatsishvili, Mr Roman Abramovich and Mr Oleg Deripaska agreed to pool their assets in the Russian aluminium industry.
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(3) The issue of whether Mr Roman Abramovich agreed to hold 50% of his interest in RusAl on trust for the Claimant and Mr Arkadi Patarkatsishvili did not arise for determination.
(4) The issues of whether any alleged agreement as referred to in paragraph 1(2) of this Order above:-
(a) was governed by English law or Russian law (or another system of law); and
(b) gave rise to any interest in RusAl under an English law express trust in favour of the Claimant (other than as a result of the overarching joint venture agreement alleged in the Main Action, in relation to which no findings are made);
did not arise for determination.
(5) The Claimant did not acquire any interest in RusAl under an English law resulting or constructive trust (other than as a result of the overarching joint venture agreement alleged by the Claimant in the Main Action, in relation to which no findings are made).
(6) The $585 million received by Cliren following the sale of the second tranche of RusAl shares by Mr Roman Abramovich in July 2004 did not comprise the sale proceeds of any interest in RusAl or dividend payments from RusAl but was a payment made by Mr Abramovich to Mr Arkadi Patarkatsishvili at the request of Mr Patarkatsishvili in return for him providing assistance and protection to Mr Abramovich in relation to Mr. Abramovich's acquisition of assets in the Russian aluminium industry.
Costs
2. The Claimant is to pay the Anisimov Defendants' costs of the Overlap Issues in an amount of £3.75 million, as follows:-
(1) an interim payment of £2 million is to be paid by 4.00 pm on Friday 26 October 2012; and
Page 3 (2) a final payment of £1.75 million is to be paid on terms agreed between the Claimant and the Anisimov Defendants.
3. This Order supersedes all previous orders for costs in respect of the Overlap Issues (as between the Claimant and the Anisimov Defendants in favour of either party).
4. There be no order as to the Family Defendants' costs of the Overlap Issues.
5. There be no order as to the Salford Defendants' costs of the Overlap Issues.
DATED THIS 12TH DAY OF OCTOBER 2012
Page 4 IN THE HIGH COURT OF JUSTICE CHANCERY DIVISION
The Honourable Mrs Justice Gloster DBE
BETWEEN:-
HCO8C03549
BORIS BEREZOVSKY Claimant -and-
INNA GUDAVADZE & OTHERS Defendants
HCO9C00494
BORIS BEREZOVSKY Claimant -and-
VASILY ANISIMOV & OTHERS Defendants
HCO9C00711
BORIS BEREZOVSKY Claimant -and-
SALFORD CAPITAL PARTNERS INC & OTHERS Defendants
*raft] ORDER
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