Is it still good law? ⚠️ This case has negative treatment (2 citation(s): e.g. doubted / not followed / overruled). Check carefully before relying on it.
How to cite
[2008] EWHC 1530 (Comm)
Neutral citation format (OSCOLA). Always confirm against the official judgment.
“…In Cherney v Deripaska [2008] EWHC 1530 (Comm) Christopher Clarke J was concerned with an application for permission to serve out of the jurisdiction. He determined that Russia was the natural forum for the…”
“…n [2013] UKSC 5 at paragraphs [90] - [91]. For the avoidance of doubt the test under limb (i) is not balance of probabilities: See eg Cherney v Deripaska (No2) [2008] EWHC 1530 (Comm) at paragraph [44]; and Brownlie in the Court Appeal per Arden LJ [2015] EWCA Civ 665 at paragraphs [22] and [23]. The expression “balance of probabilities” is …”
“… of sovereign power over a defendant and a commensurate interference with the sovereignty of the state in which service is affected: see eg Deripaska v Cherney [2008] EWHC 1530 (Comm) at paragraph [41] and Trust Risk Group SpA v AmTrust Europe Ltd [2015] EWH Civ 437 at paragraph [41]. This logic was however doubted in Abela v Baardani [2013]…”