BL-2023-000501 - [2025] EWHC 2334 (Ch)

‘636. A huge amount of time, attention and money was focussed on the question of Mr Jaffe's ability to start the litigation earlier than 2016. As is apparent from the above that entire argument rested on an extremely slim foundation. Ultimately the point has proved completely irrelevant.

Had it been relevant and live I would have tended to the view that Mr Jaffe was financially able to commence some form of litigation earlier than he did, but that the case that he could have afforded to commence this heavy litigation was not made out. One part of this was the absence of certain material which would have had to come from Mr Jaffe, and which he was unwilling to provide in any acceptable form. However the other was a consideration of his outgoings. Any such discussion would have required a detailed consideration of his expenditure which was essentially unfeasible within the constraints of the trial and the myriad other issues – and was ultimately not attempted. In essence the evidence showed that Mr Jaffe did not have significant independent means; he was dependent on the loans which came to him via Mr Anisimov and which he might have been able to raise elsewhere. While those loans were for significant sums and (as noted below) I was not minded to accept Mr Jaffe's evidence as to the purposes of those loans, the evidence disclosed showed that Mr Jaffe had a number of significant outgoings. Further as I have noted at the outset of this judgment this is highly expensive litigation. The sums loaned by Mr Anisimov would not cover the Defendants' incurred costs for Phase 2.’

‘49. The inference sought by the Defendants is said to arise because there were two payments made to Mr Jaffe (the first via a company in Mr Jaffe's wife's name) by Mr Anisimov of $2 million and $10 million, at the times of the prosecutor interview and Anisimov evidence respectively. The US$2 million was paid pursuant to a purported loan agreement (later written off) which Mr Jaffe accepts was a sham. ….

At the end of the day I do not consider, for the reasons which I have given, that evidence which goes to Mr Jaffe's credibility is of any practical moment. However I would accept a certain amount of the Defendants' case on this. On the basis of the limited materials available I do regard it as more likely than not that Mr Anisimov paid Mr Jaffe for aligning himself with Mr Anisimov. I do not consider that it is relevant, nor do I have material to establish whether the payment was specifically for giving evidence, or more general alignment (though I would if pressed conclude the latter, because payment for such a relatively inconsequential interview as I conclude below it was, seems unlikely), or whether the evidence which Mr Jaffe gave was untrue. I do consider that Mr Jaffe's slightly uncharacteristic reticence after the event supports the tentative conclusion that the evidence giving was part of an alignment with Mr Anisimov. Mr Jaffe had adopted a new strategy and he did not want to broadcast it. ….

As for the allegation that Mr Anisimov paid Mr Jaffe for his evidence, this is another point which was relevant to credibility only, since permission to amend was refused. It is accordingly another point where the evidence base was incomplete and my views on what I have seen and heard must be read with that rider. Here I would (if credibility were relevant) come to a similar conclusion to the conclusion I reached on the US$2 million payment. I would not consider that it is more likely than not (let alone an irresistible inference) that Mr Anisimov paid Mr Jaffe to give this evidence. However, nor would I consider the payment was entirely unrelated to Mr Jaffe's alignment with Mr Anisimov.’