CL-2021-000649 - [2025] EWHC 1333 (Comm)

The Claimants have put in evidence from Professor Asoskov on Russian law, which for present purposes is the system of law accepted to apply to the claims. VTBC say they are content for present purposes to treat the evidence as correct.

The Claimants plead a case under Articles 10, 1064 and 1080 of the Russian Civil Code. These provisions, which essentially set out the Russian law of tort, have been considered and summarised in a large number of English law cases, see for example the summary of Article 1064 in VTB v Parline 2015 [EWHC 1135 (Comm) at [48]-[52].

The nature of the case is what Prof Asoskov describes as a Scenario 1 case. Professor Asoskov’s evidence is that:

Asoskov-1, [161] ‘In Scenario 1, the claimant bears the onus of proving that the actions of several tortfeasors were joint, i.e. they comprised of the concerted (coordinated) efforts in the pursuit of a common intention.’

Asoskov-1, [162] ‘This case law demonstrates that it suffices to show that each tortfeasor played at least some role when conceiving and implementing a common unlawful scheme, including as a mastermind, accomplice, accessory, etc.’

Asoskov-1, [172] ‘In Scenario 1 with joint (concerted) actions of multiple defendants, elements of tort (including harm, unlawfulness and causation) shall be established with regard to the actions of all involved tortfeasors.’