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BREAKING: Russia wins Judgment against Ukraine in London High Court

High Court Judgment to expedite case clears way for Ukraine to be declared in default, legally requiring IMF funding of Ukraine to cease.

Alexander Mercouris

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The High Court in London this morning granted Russia’s request for an expedited hearing (ie. summary Judgment) of its claim against Ukraine arising from Ukraine’s non-payment of the $3 billion loan Ukraine owes Russia.

This is not the final Judgment in the case.  That is however probably no more than a few weeks away.  Reports say the High Court rejected all of Ukraine’s arguments that it should not be required to pay the loan for political reasons, and this together with the High Court’s decision to grant Russia an expedited hearing makes it now a virtual certainty that the High Court will shortly decide the case in Russia’s favour, and declare Ukraine in default on its loan.

As those who have followed my writings on this question will know, this is what I have argued was likely to happen from the start.  Indeed on strict legal principles it is difficult to see what other possible Judgment the High Court could have made.

Ukraine is saying it will appeal today’s Judgment, presumably to the Court of Appeal and, if it loses there, presumably ultimately to the British Supreme Court.  In English law an appeal does not however automatically delay implementation of a Judgment, and since today’s decision is procedural I cannot see what grounds for appeal there are, and I expect Ukraine’s appeal to be refused.

This means that a final Judgment in the case may now be no more than weeks away.

The big question therefore is what will happen when the High Court finally decides the case in Russia’s favour, and finds Ukraine in default of its $3 billion loan to Russia, as it is now almost certain to do.

Will the IMF recognise that this is a legal declaration from the world’s most powerful commercial court that Ukraine is in default to Russia, which since Russia is a member of the Paris Club should mean that any further IMF lending to Ukraine must cease according to the IMF’s own rules?  Or will the IMF find some way to ignore its rules so that it can continue lending to Ukraine despite the High Court in London declaring Ukraine in default?

My guess is the former, and my guess also is that it was the pending decision made today by the High Court in London rather than Ukraine’s transport blockade of the Donbass which caused the IMF Board on 20th March 2017 to postpone its decision on further lending to Ukraine.  See my full discussion here.

The political implications – and the potential economic consequences for Ukraine – of the country being declared in default and being cut off from all external funding, including IMF funding, are however immense, and Western governments which have invested so heavily in supporting Ukraine will be increasingly anxious.

POSTSCRIPT: Since writing the above the High Court in London has published the High Court’s Judgment granting Russia summary Judgment in the case of Ukraine’s $3 billion Eurobond.  The full Judgment, together with an executive summary, can be found here.

It is clear from the Judgment that the judge – Mr. Justice Blair, who is incidentally former Prime Minister Tony Blair’s brother – gave consideration to every part of Ukraine’s Defence.  As I expected he also accepted without qualification Ukraine’s claims about Crimea’s “annexation by Russia” and about “Russia’s aggression against Ukraine”.  However in the end – as I predicted – he had no hesitation deciding that these “defences” are non-justiciable (ie. they lie outside the jurisdiction of the High Court) and decided the case in Russia’s favour.  The words, which best summarise the whole Judgment are arguable these at the very end of the full Judgment

……ultimately, this is a claim for repayment of debt instruments to which the court has held that there is no justiciable defence. It would not be right to order the case to go forward to a full trial in such circumstances.

Though the Judge’s discussion is very detailed and makes many references to case law, those familiar with my previous discussion of the case should be able to follow it.

It is clear from the Judgment that Russia has in fact been granted Summary Judgment.  In other words the High Court has decided the case in Russia’s favour and against Ukraine.  There are some technical issues still left to be decided but essentially, unless Ukraine succeeds in getting the Judgment set aside on appeal (which I think is extremely unlikely) the case is over, Ukraine has lost, and Russia has won.

The one thing the Judge did do for Ukraine is grant Ukraine a 1 month’s stay of execution of the Judgment.  Presumably this is to allow Ukraine time to appeal and in order for the Court to deal with the remaining issues (eg. decide the exact amount Ukraine owes and the legal costs it must pay).  These will apparently be decided in late April, at which point unless an appeal is granted Ukraine will formally be in default.

The ball has now been passed to the IMF.  It now has a difficult decision to make, deciding what it must now do.  On balance I expect it to accept that Ukraine is in default to a member of the Paris Club and to stop lending to Ukraine.  As I have said previously, the legal implications of the IMF not doing so are awesome, and despite the political pressures I suspect there will be too many people in the IMF bureaucracy who counsel against it for it in the end to happen.  However I could be wrong, and since the IMF’s decision is ultimately a political one rather than a legal one, it cannot at this stage be predicted with absolute certainty.

Back in June Ukraine was saying that the case in the High Court would “take years”, and undoubtedly it was Ukraine’s tactic all along to try to drag out the case for as long as it could.  I always doubted Ukraine would be successful in doing this given how clear the case is, and in the event Russia has obtained Summary Judgment less than a year since Ukraine was saying that, and just a few months after Ukraine filed its Defence.

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BARR: No collusion by any Americans

Trump never used his powers to interfere with Mueller, and thus had no “corrupt intent” in the matter.

Alex Christoforou

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Attorney General Barr found no one in the Trump campaign colluded with “Russia” to meddle in the 2016 US election.

A devastating blow to Democrats and their mainstream media stenographers.

Trump reacted immediately…

Via RT…

With the full report on special counsel Robert Mueller’s investigation into claims President Donald Trump colluded with Russia about to be released, Attorney General William Barr is giving a press conference about its findings.

Barr maintains the allegation that the Russian government made efforts to interfere in the election through the Internet Research Agency, an alleged Kremlin-control “troll farm”, as well as “hacking efforts” by the Russian intelligence agency GRU.

The bottom line, Barr says, is that Mueller has found Russia tried to interfere in the election, but “no American” helped it.

Barr explained the White House’s interaction with the Mueller report, whether Trump used executive privilege to block any of its contents from release, as well as on how the Justice Department chose which bits of the 400-page paper to redact.

On the matter of obstruction of justice, Barr said he and his deputy Rod Rosenstein have reviewed Mueller’s evidence and “legal theories”, and found that there is no evidence to show Trump tried to disrupt the investigation.

He said Trump never used his powers to interfere with Mueller, and thus had no “corrupt intent” in the matter.

Most of the redactions in the report were made to protect ongoing investigations and personal information of “peripheral third parties”.

Barr said that no-one outside the Justice Department took part in the redacting process or saw the unredacted version, except for the intelligence community, which was given access to parts of it to protect sources.

Trump did not ask to make any changes to Mueller’s report, Barr said.

Trump’s personal counsel was given access to the redacted report before its release.

A number of Trump-affiliated people, as well as Russian nationals, have been indicted, charged or put on trial by Mueller over the course of the past two years, but none for election-related conspiracy. Still, Democrats in Congress as well as numerous establishment media personalities have been insisting that Barr, a Trump pick for AG office, is somehow “spinning” its findings in order to protect and exonerate Trump, and are calling to see the full report as soon as possible.

They have equally condemned Barr’s decision to hold a news conference before the report is release, claiming he is trying to shape the public perception in Trump’s favor.

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Moscow’s Strategy: To Win Everywhere, Every Time

The main feature of Moscow’s approach is to find areas of common interest with its interlocutor and to favor the creation of trade or knowledge exchange.

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Authored by Federico Pieraccini via The Strategic Culture Foundation:


Important events have occurred in the Middle East and North Africa in recent weeks that underline how the overall political reconfiguration of the region is in full swing. The Shia axis continues its diplomatic relations and, following Rouhani’s meeting in Baghdad, it was the turn of Adil Abdul-Mahdi to be received in Tehran by the highest government and religious authorities. Among the many statements released, two in particular reveal the high level of cooperation between the two countries, as well as demonstrating how the Shia axis is in full bloom, carrying significant prospects for the region. Abdul-Mahdi also reiterated that Iraq will not allow itself to be used as a platform from which to attack Iran: “Iraqi soil will not be allowed to be used by foreign troops to launch any attacks against Iran. The plan is to export electricity and gas for other countries in the region.”

Considering that these two countries were mortal enemies during Saddam Hussein’s time, their rapprochement is quite a (geo)political miracle, owing much of its success to Russia’s involvement in the region. The 4+1 coalition (Russia, Iran, Iraq, Syria plus Hezbollah) and the anti-terrorism center in Baghdad came about as a result of Russia’s desire to coordinate all the allied parties in a single front. Russia’s military support of Syria, Iraq and Hezbollah (together with China’s economic support) has allowed Iran to begin to transform the region such that the Shia axis can effectively counteract the destabilizing chaos unleashed by the trio of the US, Saudi Arabia and Israel.

One of the gaps to be filled in the Shia axis lies in Lebanon, which has long experienced an internal conflict between the many religious and political currents in the country. The decision by Washington to recognize the Golan Heights as part of Israel pushed the Lebanese president, Michel Aoun, to make an important symbolic visit to Moscow to meet with President Putin.

Once again, the destabilizing efforts of the Saudis, Israelis and Americans are having the unintended effect of strengthening the Shia axis. It seems that this trio fails to understood how such acts as murdering Khashoggi, using civilian planes to hide behind in order to conduct bombing runs in Syria, recognizing the occupied territories like the Golan Heights – how these produce the opposite effects to the ones desired.

The supply of S-300 systems to Syria after the downing of the Russian reconnaissance plane took place as a result of Tel Aviv failing to think ahead and anticipate how Russia may respond.

What is surprising in Moscow’s actions is the versatility of its diplomacy, from the deployment of the S-300s in Syria, or the bombers in Iran, to the prompt meetings with Netanyahu in Moscow and Mohammad bin Salman at the G20. The ability of the Russian Federation to mediate and be present in almost every conflict on the globe restores to the country the international stature that is indispensable in counterbalancing the belligerence of the United States.

The main feature of Moscow’s approach is to find areas of common interest with its interlocutor and to favor the creation of trade or knowledge exchange. Another military and economic example can be found in a third axis; not the Shia or Saudi-Israeli-US one but the Turkish-Qatari one. In Syria, Erdogan started from positions that were exactly opposite to those of Putin and Assad. But with decisive military action and skilled diplomacy, the creation of the Astana format between Iran, Turkey and Russia made Turkey and Qatar publicly take the defense of Islamist takfiris and criminals in Idlib. Qatar for its part has a two-way connection with Turkey, but it is also in open conflict with the Saudi-Israeli axis, with the prospect of abandoning OPEC within a few weeks. This situation has allowed Moscow to open a series of negotiations with Doha on the topic of LNG, with these two players controlling most of the LNG on the planet. It is evident that also the Turkish-Qatari axis is strongly conditioned by Moscow and by the potential military agreements between Turkey and Russia (sale of S-400) and economic and energy agreements between Moscow and Doha.

America’s actions in the region risks combining the Qatari-Turkish front with the Shia axis, again thanks to Moscow’s skilful diplomatic work. The recent sale of nuclear technology to Saudi Arabia, together with the withdrawal from the JCPOA (the Iranian nuclear agreement), has created concern and bewilderment in the region and among Washington’s allies. The act of recognizing the occupied Golan Heights as belonging to Israel has brought together the Arab world as few events have done in recent times. Added to this, Trump’s open complaints about OPEC’s high pricing of oil has forced Riyadh to start wondering out aloud whether to start selling oil in a currency other than the dollar. This rumination was quickly denied, but it had already been aired. Such a decision would have grave implications for the petrodollar and most of the financial and economic power of the United States.

If the Shia axis, with Russian protection, is strengthened throughout the Middle East, the Saudi-Israel-American triad loses momentum and falls apart, as seen in Libya, with Haftar now one step closer in unifying the country thanks to the support of Saudi Arabia, the United Arab Emirates, France and Russia, with Fayez al-Sarraj now abandoned by the Italians and Americans awaiting his final defeat.

While the globe continues its multipolar transformation, the delicate balancing role played by Russia in the Middle East and North Africa is emphasized. The Venezuelan foreign minister’s recent visit to Syria shows how the front opposed to US imperialist bullying is not confined to the Middle East, with countries in direct or indirect conflict with Washington gathering together under the same protective Sino-Russian umbrella.

Trump’s “America First” policy, coupled with the conviction of American exceptionalism, is driving international relations towards two poles rather than multipolar ones, pushing China, Russia and all other countries opposed to the US to unite in order to collectively resist US diktats.

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Nigel Farage stuns political elite, as Brexit Party and UKIP surge in polls (Video)

The Duran Quick Take: Episode 144.

Alex Christoforou

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The Duran’s Alex Christoforou and Editor-in-Chief Alexander Mercouris take a look at Nigel Farage’s Brexit Party’s stunning rise in the latest UK polls, which show Tory support splintering and collapsing to new lows. Theresa May’s Brexit debacle has all but destroyed the Conservative party, which is now seeing voters turn to UKIP and The Brexit Party.

Corbyn’s Labour Party is not finding much favor from UK voters either, as anger over how Britain’s two main parties conspired to sell out the country to EU globalists, is now being voiced in various polling data ahead of EU Parliament elections.

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Authored by Mike Shedlock via MishTalk:


The Guardian reports Tories Hit by New Defections and Slump in Opinion Polls as Party Divide Widens.

The bitter fallout from Brexit is threatening to break the Tory party apart, as a Europhile former cabinet minister Stephen Dorrell on Sunday announces he is defecting to the independent MPs’ group Change UK, and a new opinion poll shows Conservative support plummeting to a five-year low as anti-EU parties surge.

The latest defections come as a new Opinium poll for the Observer shows a dramatic fall in Tory support in the past two weeks and a surge for anti-EU parties. The Conservatives have fallen by six percentage points to 29% compared to a fortnight ago. It is their worst position since December 2014. Labour is up one point on 36% while Ukip is up two points on 11%.

Even more alarmingly for the Tories, their prospects for the European elections appear dire. Only 17% of those certain to vote said they would choose the Conservatives in the European poll, while 29% would back Labour, and 25% either Ukip (13%) or Nigel Farage’s new Brexit party (12%).

YouGov Poll

A more recent YouGov Poll looks even worse for the Tories

In the YouGov poll, UKIP and BREX total 29%.

Polls Volatile

Eurointellingence has these thoughts on the polls.

We have noted before that classic opinion polls at a time like this are next to useless. But we found an interesting constituency-level poll, by Electoral Calculus, showing for the first time that Labour would get enough constituency MPs to form a minority government with the support of the SNP. This is a shift from previous such exercises, which predicted a continuation of the status quo with the Tories still in command.

This latest poll, too, is subject to our observation of massively intruding volatility. It says that some of the Tory’s most prominent MPs would be at risk, including Amber Rudd and Iain Duncan-Smith. And we agree with the bottom-line analysis of John Curtice, the pollster, who said the abrupt fall in support for Tories is due entirely to their failure to have delivered Brexit on time.

The Tories are facing two electoral tests in May – local elections on May 2 and European elections on May 23. Early polls are show Nigel Farage’s new Brexit party shooting up, taking votes away from the Tories. If European elections were held, we would expect the Brexit party to come ahead of the Tories. Labour is rock-solid in the polls, but Labour unity is at risk as the pro-referendum supporters want Jeremy Corbyn to put the second referendum on the party’s manifesto.

Tory Labour Talks

The Tory/Labour talks on a compromise have stalled, but are set to continue next week with three working groups: on security, on environmental protection, and on workers’ rights. A separate meeting is scheduled between Philip Hammond and John McDonnell, the chancellor and shadow chancellor. The big outstanding issue is the customs union. Theresa May has not yet moved on this one. We noted David Liddington, the effective deputy prime minister, saying that the minimum outcome of the talks would be an agreed and binding decision-making procedure to flush out all options but one in a series of parliamentary votes.

May’s task is to get at least half of her party on board for a compromise. What makes a deal attractive to the Tories is that May would resign soon afterwards, giving enough time for the Tory conference in October to select a successor before possible elections in early 2020.

This relative alignment of interests is why we would not rule out a deal – either on an agreed joint future relationship, or at least on a method to deliver an outcome.

Customs Union

A customs union, depending on how it is structured, would likely be worse than remaining. The UK would have to abide by all the EU rules and regulations without having any say.

Effectively, it will not be delivering Brexit.

Perhaps May’s deal has a resurrection.

Mike “Mish” Shedlock

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