English Court of Appeal
English Court of Appeal has refused jailed Russian tycoon Ziyavudin Magomedov permission to appeal against a decision that threw out his $14 billion lawsuit against Transneft and other firms
Maria–Myrto Koustai
Magomedov & Ors –v– TPG Group Holdings (SBS), LP & Ors (CA -2025-000366)
In the Court of Appeal, Civil Division
On the 3rd of June, 2025 the UK Court of Appeal, Civil Division (“CA”), issued a judgement concerning the applicants’ request for permission to appeal against the judgment of the court of first instance.
The CA, on consideration of the appellant’s notice and accompanying documents, refused to grant a permission to appeal, since, for a number of reasons set out in the relevant judgement, an appeal would not have a real prospect of success.
The CA stated that the judge of first instance set out carefully and comprehensively the legal principles applicable to a strike out/reverse summary judgment application, the test for a serious issue to be tried in the context of a jurisdiction challenge, the elements required to be proved in a claim for unlawful act conspiracy and the role played by inferences in determining whether such a claim has been sufficiently pleaded.
Moreover, the CA concluded that the first instance judge did not lose sight of the legal principles which he had set out, but was careful to apply them to the complex facts on which the applicant relied. Rather than reaching factual conclusions, the judge tested the evidence relied on by the applicant in order to determine whether that evidence was capable of supporting the inference for which the applicant contended.
As a result of refusal of permission to appeal, the anti-suit and anti-enforcement injunctions which remain in place pending appeal, are discharged.
Pending Judgement on Strike out Application – Action No. 2019/2023 District Court Nicosia, Cyprus.
1.ANDREAS I. KARYDIS, in his capacity as provisional liquidator of Omirico Ltd, (registration no. HE161817), 2. ΤΟRRESANT INDUSTRY LTD (registration no. 677246), of the British Virgin Islands -v- 1. PJSC TRANSNEFT, 2. PJSC SBERBANK
P.N. Kourtellos and Associates LLC, representing PJSC TRANSNEFT, is handling proceedings before the Cypriot Courts connected to parties also involved in the aforementioned CA judgement.
In the context of Action No. 2019/2023 (D.C. Nicosia), an interim Mareva order was issued on an ex-parte basis on 07/08/2023, preventing Transneft from using and/or transferring and/or withdrawing and/or alienating any assets and/or amounts up to the amount of US 170.000.000.
Our law firm filed a prerogative Certiorari Writ before the Supreme Court, which concluded, without much difficulty, that there has been a breach of the rules of natural justice and that there are exceptional circumstances which justify the grant of the requested Certiorari setting aside the Interim order hence the Interim Order was in this way cancelled by the Supreme Court.
At this stage, a court decision is pending by the District Court of Nicosia, in relation to the Application, filed on behalf of our client on the 28/11/2024, requesting the set aside and/or strike out of the Notice of the Writ of Summons and/or the Civil Action and/or the Statement of Claim, for a number of reasons, such as abuse of process, bad faith and malicious intent (mala fides), lack of jurisdiction of the Cypriot Courts, lack of any cause of action against PJSC TRANSNEFT etc.
The application also requests the annulment and/or the set aside of the Order granting permission for out of jurisdiction service of the Writ of Summons and/or of the order issued on an ex-parte basis for the “correction” of the said order, for a number of procedural and substantive reasons.
The hearing has been concluded in March 2025 and the Court reserved its judgement. It remains to be seen if the Cyprus Court will rule along the line of the English Court of Appeal.
For further information on this topic please contact Dr. Pavlos Neofytou Kourtellos and/or Ms. Maria-Myrto Koustai at P. N. KOURTELLOS & ASSOCIATES LLC, by telephone: +357 25 745575 or by e-mail: pnk@kourtelaw.com and/or mmk@kourtelaw.com
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