Eurasian Natural Resources Corporation Ltd (claimant/appellant) v Dechert LLP & ors (defendants/respondents)
Wednesday 16 July 2025
By Appellant’s Notice filed and issued on 7 March 2025 the Appellant (Claimant below) appeals the decision of The Hon Mr Justice Waksman, sitting in the Commercial Court, judgment being delivered on 14 February 2025.
This appeal concerns the Judge’s refusal to permit an amendment, made prior to the first CMC in the quantum phase (Phase 2) of this lengthy, ongoing litigation, thereby depriving the Appellant (ENRC) of the opportunity to claim proper compensation for the loss it suffered as a result of a criminal investigation into ENRC and its subsidiaries (the CI). The SFO announced the CI publicly in April 2013 and the Court has already found that it would not have been opened but for the SFO’s wrongdoing. The prejudice to ENRC is significant: it is claimed by the Applicant that the effect of the decision was to wipe out close to 50% (US$128m) of the total US$290m of damages sought by ENRC.
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