EUPillar OJSC Oil Company Yugraneft (in liquidation) v Roman Arkadievich Abramovich, Millhouse Capital UK Limited, Boris Berezobsky [2008] EWHC 2613 (Comm)

Summary

The claimant, a Russian corporation (Yugraneft), brought a claim for damages against Roman Abramovich and an English company, Millhouse. The claimant alleged that a fraud had been directed by Mr Abramovich. As a result of the alleged fraud, the claimant allegedly had suffered a loss which amounted to billions of dollars. The claim form was issued on 14th November 2007, and served in London to Mr Abramovich on the same day. The defendant challenged jurisdiction, submitting that he was not domiciled in England for the purposes of Article 2 of the Brussels I Regulation. The challenge was upheld. Mr Justice Christopher Clarke stated: “487 I am not persuaded that Yugraneft has much the better of the argument on whether at the date of the issue of the claim form Mr Abramovich was resident in England and Wales. On the contrary it appears to me that, despite his ownership of Chelsea and his property in Lowndes Square, he was resident in Russia and not in England. Purchases of expensive property in England which, in the case of a man of ordinary wealth, would suggest settlement here, may have no such significance to someone for whom money is no object. Mr Abramovich's use of the Lowndes Square property (intended to become a single property) does not indicate that in November 2007 it was his usual or settled place of abode. It was not then the place in which, even for limited periods, he habitually and normally resided for a settled purpose. It was a place to which he came when visiting London largely in order to indulge his extravagant hobby of owning a football club and watching it play football. Those visits were in 2007 limited in number and short in length. I do not ignore the position in 2005 and 2006 when the number of full days spent in England was higher (between 67 – 110), as was the average number of full days (1.40 – 2.68). But even then the stays were intermittent and, on average, short lived. Further the “numbers game”, which disputants in this area decry and then play or find themselves forced to play, does not take into account the changing circumstances of Mr Abramovich's life and of his visits which, certainly by November 2007 were far from indicating sufficient permanence, continuity, or settlement to constitute residence.” [487]