Ukraine (represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) V Law Debenture Trust Corp plc

Practice – Summary judgment. Ukraine had a good arguable case that the public policy exception had effect to disapply the rule that UK courts would not resolve challenges to the lawfulness of an act of a foreign state, such that it could rely on its defence that its issue of notes with the Russian Federation as the sole subscriber had been procured by unlawful and illegitimate threats made, and pressure exerted, by Russia, vitiating Ukraine's consent and constituting duress as a matter of English law. Accordingly, the Court of Appeal, Civil Division, allowed Ukraine's appeal against the judge's decision to enter summary judgment in the claimant trustee's action..

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