Civil fraud: successfully challenging jurisdiction on behalf of Ukrainian businessman in two multi-million pound claims

Approach

In both cases we quickly assessed the merits of the claims and the prospects of the claimants establishing that the English Court ought to take jurisdiction over them.  This was a particularly time-sensitive task in the DGF proceedings as the DGF had also sought an urgent worldwide freezing injunction against Mr Zhevago.  Having concluded that neither case ought to have been brought before the English Court, applications to challenge jurisdiction were made.  

Outcome

Mr. Zhevago's jurisdiction challenges were successful, with judgments handed down in 2021 and 2024 respectively. Mr Zhevago was awarded his costs in both cases.  Both the DGF and WWRT were refused permission to appeal by the Court of Appeal. RPC continues to act for Mr Zhevago in those proceedings in respect of costs. 

Impact

Both judgments are noteworthy in their own right.  The DGF judgment is one of the first to consider the forum non conveniens jurisdictional test following the UK's exit from the European Union.  The WWRT judgment considers the impact of the war in Ukraine on its availability as a forum for dispute resolution.