Nature of the claim
Nature of the claim
The Claimants’ case pleads that:
“each of the Defendants has participated in the Raider Attack…” (PoC, [16]);
“none of the Defendants when participating in the Raider Attack can have been ignorant of or can have failed to understand the part it was playing (and that it was playing a part) in the Raider Attack” (PoC [18]);
“Each of the Defendants is jointly and severally liable under Articles 1064 and/or 1080 of the Russian Civil Code (“the Civil Code”) for: (1) causing unlawful harm to the Claimants and participating in and/or a course of conduct which was intended to and did expropriate and/or seriously diminish the Claimants’ interests in the Red October Group….” (PoC, [21]);
“each of the Defendants knew that it/he was participating in such an attack, and that it was an attack on the Claimants and/or in any event (if any of the Defendants was unaware of the identity/ies of any of the Claimants) on the beneficial owners of the Red October Group, aimed at the misappropriation and/or expropriation of their assets” (PoC, [112(3)]).
- Heading
- CHARLES HOLLANDER KC
- The summary judgment application
- Nature of the claim
- Russian law
- Development of the Claimants’ case
- The new case
- The loans
- The transfer of assets
- The case based on the Explanations Document
- The SWRO Capital Contribution Invalidity Statement
- The Settlement Agreement Statement
- The Unlawful Asset Transfers Narrative
- The Criminal Complaint and the Embezzlement Indictment
- The Claimants’ New Case
- Summary Judgment
- Discussion
- Conclusions
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