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05 October 2022
Issue: 7997 / Categories: Legal News , Disclosure , Procedure & practice , International
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Territoriality row over Russian company

An order for disclosure of documents can be made against a third party outside the jurisdiction, the Court of Appeal has held.

n Gorbachev v Guriev [2022] EWCA Civ 1270, the court upheld an earlier ruling by Mr Justice Jacobs. The case stemmed from a £1bn dispute between two Russian former friends over their interests in a Russia-based fertiliser company, PJSC PhosAgro. That dispute is listed for a six-week trial in 2023, with one of the issues concerning how Alexander Gorbachev was financially supported for eight years through two Cyprus trusts created for his benefit and alleged to have been operated by a close associate of Andrey Guriev.

The claimant, Gorbachev, sought third-party disclosure of documents held electronically by law firm Forsters. Forsters countered that they held the documents on behalf of the appellants, the trustees TU Reflections and First Link Management Services, both Cypriot companies, out of the jurisdiction, and that any order for disclosure should be made against them.

Counsel for the trustees argued the principle of territoriality meant the court had no jurisdiction to order disclosure against a third party outside England and Wales under the Senior Courts Act 1981, s 34.

Giving the lead judgment, Lord Justice Males dismissed the appeal, holding the court ‘has and should exercise jurisdiction in this case’. He said the ‘critical fact’ was that the documents sought were located in England, since they ‘were sent to Forsters in England, albeit by electronic means, so that Forsters could give advice… It is, as Mr Justice Jacobs put it, not the result of chance that they are held within the jurisdiction’.

Males LJ declined to clarify the law on whether a judge might have discretion, in exceptional cases, to order disclosure where both third party and documents were outside the jurisdiction. 

MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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