Mishcon de Reya’s Fraud team has successfully defended two clients in separate jurisdiction challenges in claims with a combined value of more than $14 billion. The defence of both English Commercial Court claims was led by Kasra Nouroozi.
Magomedov & others -v- TPG & others [2025] EWHC 59 (Comm)
In the first case, Mishcon de Reya acted for Mr Kuzovkov, the Thirteenth Defendant, in the 32-party claim for over $14 billion, one of the largest claims ever in the Commercial Court.
The allegations follow the arrest of former Russian oligarch, Ziyavudin Magomedov, by the Russian state for organised crime, embezzlement and corruption in 2018, for which he was later sentenced to 19 years' prison.
The claimants alleged that, whilst in prison, Mr Magomedov's assets were wrested away from him by the defendants. In particular, the claim against our client involved allegations of unlawful means conspiracy concerning the ownership and management of a very large transport and logistics business in Russia, the Far Eastern Shipping Company (FESCO). A conspiracy alleged against other defendants concerned Mr Magomedov's interest in the Novorossiysk Commercial Sea Port on the Black Sea coast.
On 17 January 2025, a 126-page judgment was handed down by Mr Justice Bright following a three-week hearing during September and November 2024. The Court dismissed the claim finding no serious issue to be tried against the alleged "anchor" defendants; that none of the pleaded jurisdictional "gateways" were available; and that England & Wales was not clearly and distinctly the most appropriate forum. The judgment can be found here.
Further members of Mishcon de Reya's team included Partner Richard Trainer, Managing Associate Callum Close, Trainee Solicitors Angelika Velickovska and Lucinda Ellis, as well as Partner John Sendama.
Alimov -v- Mirakhmedov & others [2024] EWHC 3322 (Comm)
In the second jurisdiction challenge, Mishcon de Reya successfully acted for the second defendant Mr Rashit Makhat in a dispute relating to a claim brought by Mr Yermek Alimov in respect of a significant shareholding in one of the world's leading bitcoin cloud mining businesses, Genesis Digital Assets Ltd ("GDA"). Mr Makhat, along with co-defendants Mr Abdumalik Mirakhmedov and Mr Kim, founded GDA as part of a joint venture with Genesis Mining Limited.
The case centred around an alleged oral agreement made in the summer of 2017 relating to a bitcoin mining project in Kazakhstan. Mr Alimov, who purported to be a leading specialist in the energy sector in Kazakhstan before moving to England, pleaded that he had entered into this oral agreement with the three defendants, which entitled him to 35% of the defendants' interests in the joint venture for his part in, amongst other things, allegedly sourcing the mining facilities for the project in Kazakhstan.
The defendants challenged the jurisdiction of the English courts before Mr Simon Birt KC who sat as deputy judge of the High Court at a two-day hearing in October 2024. The defendants argued that the claims brought by Mr Alimov (which he sought to bring under Kazakhstani Law) were most appropriately litigated in Kazakhstan. The defendants also sought to set aside an order made without notice to serve the defendants in the UAE and by alternative means given the UK/UAE service treaty.
Mr Birt KC found in favour of the defendants who determined Kazakhstan to be clearly and distinctly the most appropriate forum to hear Mr Alimov's claims. Mr Birt KC also set aside the order permitting service outside the jurisdiction on the basis of Mr Alimov's serious failures to provide full and frank disclosure.
The Mishcon de Reya team was led by Kasra Nouroozi, supported by Partner Oli Felton, Associate Kiros Papaloizou and Trainee Solicitors Grace White, Frances Carr and Lucinda Ellis.
The judgment can be found here.
We are delighted to have achieved these very successful outcomes for our clients in these complex, multi-party pieces of litigation.