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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

16/04/2014

Court declares US$ 2 billion diamond litigation an abuse of process.

This is an archived article, and some links may not work. Contact us if you have any questions.

Mr Justice Mann has handed down his ruling that the Russian/Israeli businessman Arkady Gaydamak was barred by res judicata and was abusing the Court's process by seeking a second trial of his dispute with fellow  businessman Lev Leviev.  The dispute had already been the subject of one substantial trial (before Mr Justice Vos in June 2012) and Mr Gaydamak had lost.  In these new proceedings Mr Gaydamak sought to rely on an issue which he had not raised before Vos J but which, Mann J concluded, properly belonged to the first action.   The new point was therefore barred by cause of estoppel and, in any event, Mr Gaydamak's attempted relitigation amounted to abuse of process on Henderson v Henderson principles. 

The whole of Mr Gaydamak's claim against Lev Leviev, the value of which Mr Gaydamak estimated at US$ 2 billion, was therefore struck out.  

The judgment includes a valuable analysis of the relationship between cause of action estoppel and abuse of process in light of the recent Supreme Court decision in Virgin Atlantic Airways Limited v Zodiac Seats Uk Limited [2014] AC 160.  

Andrew Fulton acted for the successful applicant (instructed by Stewarts Law LLP)


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