Case Nos: CA-2024-002667 and CA-2025-000223 - [2025] EWCA Civ 951

Lord Justice Snowden :

These appeals raise questions of issue estoppel, construction of the schedule to a Tomlin order, and standing to oppose the recognition of a foreign bankruptcy order at common law.

The appeals primarily relate to two decisions:

Mr Evgeny Vesnin (“Mr Vesnin”) appeals the decision of Mr James Morgan KC (sitting as a Deputy High Court Judge) dated 8 November 2024 (the “Morgan Judgment”) in claim number BL-2021-002213 (the “Part 7 Claim”). The Morgan Judgment prospectively released an undertaking given by a firm of solicitors and thereby in effect authorised the release of share certificates in the Third Respondent (“Eurasia”) to Queeld Ventures Limited (a Cyprus company) (“Queeld”) and Mispare Ltd (a British Virgin Islands company) (“Mispare”). Queeld and Mispare are together referred to as Q&M.

Q&M appeal the decision of Chief Insolvency and Companies Court Judge Briggs (sitting as a Deputy High Court Judge) on 15 January 2025 (the “Standing Judgment”) determining that Q&M had no standing to oppose Mr. Vesnin’s application number BR-2024-000976 for recognition at common law of a Russian bankruptcy in which he is the trustee (the “Bankruptcy Application”).

Q&M also appeal the decision of Chief ICC Judge Briggs dated 17 January 2025 that they should pay Mr Vesnin’s costs arising from the Bankruptcy Application (the “Costs Judgment”) and a number of other consequential matters.

Eurasia adopted a neutral position in respect of these appeals. The Fourth Respondent (“NBT”) did not participate.