Khrapunov v JSC BTA Bank; JSC BTA Bank v Khrapunov [2017] EWCA Civ 40, [2017] All ER (D) 42 (Feb)
The Court of Appeal ruled, in a case concerning litigation between JSC BTA Bank and its former chairman’s son-in-law (I) that, among other things, contempt of court, in the form of breaches of court orders, qualified as unlawful means for the purposes of that tort. I’s appeal on the issue of whether the bank had established that it had a good arguable cause of action against him for the tort of conspiracy to injure by unlawful means was dismissed. The bank’s appeal concerning the lower court’s rulings on jurisdiction was dismissed in respect of two grounds. However, the bank’s appeal was allowed in respect of limb (b) of Art 5(3) of the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the place of the event giving rise to damage).
