Walkers succeeds in Privy Council

The Privy Council has today handed down judgment in long-running BVI proceedings and granted the appeal brought by Walkers' client, Mr Alexander Pleshakov.

The appeal concerned the beneficial ownership of shares in Sky Stream Corporation, a BVI company, which had been used to hold substantial assets. In its judgment, the Privy Council disagreed with the Court of Appeal's view that the Commercial Court Judge had committed a fundamental error in evaluating the facts of the case. The Board determined that whilst the Court of Appeal might have come to different conclusions if they had heard the case at trial, as they did not, the Court of Appeal could not interfere with the findings and conclusions reached at trial. The Board emphasized the need for an appellate court to exercise great caution before interfering with factual and evaluative decisions made by a trial judge and the judgment serves as a reminder to appellate courts not to interfere with findings of fact unless they are compelled to do so.

The full judgment can be found here.

Oliver Clifton, Cate Barbour, and Yegâne Güley of Walkers acted for Mr Pleshakov and instructed Robert Levy QC and Daniel Warents of XXIV Old Buildings and David Miles and Linda Baird of Blake Morgan.  

BRITISH VIRGIN ISLANDS
Oliver CliftonPartnerT +1 284 852 2246oliver.clifton@walkersglobal.com
Yegâne GüleyAssociateT +1 284 852 2276yegane.guley@walkersglobal.com

DUBAI
Cate BarbourSenior CounselT +971 4 363 7917cate.barbour@walkersglobal.com