Russian Tort Law in the Eyes of the English Courts – article by Dmitry Vlasov and Dmitry Ilin for The Company Lawyer
KK&P Trial Lawyers senior associates Dmitry Vlasov and Dmitry Ilin have written a series of two articles – Russian Tort Law in the Eyes of the English Courts – which have been published in The Company Lawyer.
The articles consider application of Russian tort law by English courts in commercial fraud cases, they touch upon such topics as elements of tort, tortious interference and pure economic loss. The articles aim to compare whether the approach of the English courts in applying Russian law is consistent with how Russian law is applied by the Russian courts.
Abstract of Part 1:
In part 1 we covered the relevant Russian law concepts and authors’ view as to how they have been applied by the Russian courts so far. There are many aspects of Russian law that have been considered by English judges so far, but, in our view, the most interesting cases for review are those that concern the application of arts 10 and 1064 of the Russian Civil Code (RCC). These articles deal with the general civil law principle of prohibition of abuse of rights and tortious liability for causing harm.
Read the Article: https://kkplaw.ru/files/Vlasov_Ilin_Russian_tort_law_in_the_eyes_of_the_English_courts_part_1.pdf
Abstract of Part 2:
In part 2 we provide a comprehensive overview of the cases heard by the High Court of Justice in which relevant Russian law concepts have been considered, but from the perspective of Russian law practitioners.
Read the Article: https://kkplaw.ru/files/Vlasov_Ilin_Russian_tort_law_in_the_eyes_of_the_English_courts_part_2.pdf