Alfa Nero hearings set for September 2024 as Gurieva-Motlokhov loses injunction bid

Yulia Gurieva-Motlokhov, a Russian national who was recently sanctioned by the United Kingdom, has challenged the constitutionality of the Port Authority (Amendment) Act 2023.

The government had used this act as the basis to seize her luxury superyacht Alfa Nero last year, which the now-sanctioned Russian argues nullified her property rights in the vessel and its accompanying artworks.

Represented by Dr David Dorsett, Gurieva-Motlokhov lost her bid for an injunction to stop the sale of the Alfa Nero. In the latest ruling, High Court Judge Rene Williams refused to grant interim relief to her citing two reasons.

Firstly, any such order would impact other individuals’ ability to be heard in these proceedings. Secondly, the Port Authority (Amendment) Act is presumed to be constitutional, and that the Russian had yet to prove the contrary.

While Judge Williams was satisfied that there was a serious issue to be tried with respect to the constitutionality of the Port Authority (Amendment) Act 2023, in relation to sections 3 and 9(1) of the Constitution, those issues could only be decided at trial.

The judge has set the first hearing on Gurieva-Motlokhov’s claim for September 20, 2024, and has also set the case involving Flying Dutchman Overseas Ltd, a British Virgin Islands company, for the same date when a decision will be taken on whether to hear both cases together.

In addition, Judge Williams noted the timing of Gurieva-Motlokhov challenging the government’s decision, stating that “a party is not entitled to sit back and take no action and then purport to invoke the court’s jurisdiction on an urgent basis” and “any prejudice suffered by [Gurieva-Motlokhov] is thus through her own inaction”.

 It is worth noting that the government has long held that the Alfa Nero, which had been docked at Falmouth Harbour since February 2022, posed an environmental risk.

Having challenged the constitutionality of the Port Authority (Amendment) Act, a High Court Judge has set the first hearing on Yulia Gurieva-Motlokhov’s claim for 20 September 2024.