header-logo header-logo

Territoriality row over Russian company

05 October 2022
Issue: 7997 / Categories: Legal News , Disclosure , Procedure & practice , International
printer mail-detail
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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll