Berezovsky v Abramovich
| Berezovsky v Abramovich | |
|---|---|
| Court | High Court of Justice |
| Full case name | Boris Abramovich Berezovsky v Roman Arkadievich Abramovich |
| Decided | 31 August 2012 |
| Citation | [2012] EWHC 2463 (Comm) |
| Court membership | |
| Judge sitting | Gloster J |
| Keywords | |
| Contract, formation, uncertainty | |
Berezovsky v Abramovich [2012] EWHC 2463 (Comm) is an English contract law case, concerning the formation of a contract that is informally made, and where evidence is contested.
The case involved two Russian oligarchs, and was a direct consequence of the privatization in Russia that followed the collapse of the Soviet Union. It was also the court's first paperless case. Commercial Court judge Dame Elizabeth Gloster heard the case.
Facts
Boris Berezovsky, known as one of the Russian oligarchs who became rich under the presidency of Boris Yeltsin, claimed that in 1995 he had made a contract with Roman Abramovich. Berezovsky alleged that the agreement was that he would share in half the profits generated by Sibneft, a Russian oil company. In 2001, he alleged that he was forced to sell his stake in the company because of threats made by Abramovich when Vladimir Putin’s government came into power. Abramovich denied any of this was true. The essence of the case was whether there was any credible evidence that an agreement had been made.
Process and judgment
Berezovsky was accused of lying during the process.[1]
Gloster J, in the Commercial Court division of the High Court, held that Berezovsky was not a credible witness, there had never been a certain agreement intended to be enforceable, and there were no threats. In her decision, the judge described Berezovsky as an unconvincing and unreliable witness who interprets the truth depending on immediate goals.
Significance
The case was the last where Jonathan Sumption acted as a barrister. He delayed his appointment to the UK Supreme Court so that he could finish his work on the case. A year later, Berezovsky allegedly committed suicide by hanging himself.[2]
In popular culture
The 2017 documental book The Age of Berezovsky[3] by Petr Aven contains numerous details on the case. According to the book, in the High Court "Berezovsky accused his former partner of forcing him to sell his shares in ORT, Rusal, and Sibneft cheaply, exerting political influence". As the book reads, Berezovsky's team was ready to loose the Sibneft claims but expected to win the Rusal claims. The final outcome was total failure on all claims, and this could contribute to Berezovsky's decision to commit suicide, the book reports. The book emphasizes that Berezovsky made bad impression on the judge by being too "visibly flustered"[1] (book attributes it to alcohol consumption) and by trying to defend himself without a lawyer while not being able to speak English decently for court case (e. g. calling the judge "an experienced woman").
The High Court case was dramatised in Peter Morgan's 2022 play Patriots, which retold the life of Berezovsky.[4][5]
See also
Notes
- ^ a b https://www.theguardian.com/world/2011/oct/06/berezovsky-abramovich-high-court
- ^ "Boris Berezovsky 'found with ligature around his neck'". BBC News. 28 March 2013.
- ^ https://www.the-tls.com/lives/biography/friends-enemies-boris-berezovsky
- ^ "The Crown's Peter Morgan Spotlights Russian Oligarchs In World Premiere Of New Play, Tom Hollander To Star". Deadline Hollywood. 5 May 2023. Retrieved 25 August 2023.
- ^ "The Crown's Peter Morgan to premiere play about Russian oligarchs". The Guardian. 6 May 2023. Retrieved 25 August 2023.