Fiona Trust Holding Corporation & Ors v Privalov & Ors [2007] EWHC 39 (Comm) (19 January 2007)

Fiona Trust Holding Corporation & Ors v Privalov & Ors [2007] EWHC 39 (Comm) (19 January 2007)

The court refused the Defendants' application for further disclosure and explanations, holding that such orders should only be made where necessary for the fair disposal of the application. The evidence allegedly obtained unlawfully was not central to the freezing order application, and the Claimants' redactions were accepted as relating to irrelevant material. The Defendants' concerns did not justify turning the interlocutory application into a mini-trial on illegality or frankness of affidavit evidence.

Citation
[2007] EWHC 39 (Comm)
Parties
Claimants: Fiona Trust Holding Corporation & Others; Defendants: Yuri Privalov & Others
Jurisdiction
England and Wales
Judgment Date
19 January 2007
Procedural Posture
Commercial Court Litigation (fraud/conspiracy) / Interlocutory Application for Disclosure Prior to Hearing of Freezing Order Applications
Outcome
Application for further disclosure and explanations refused.
Legal Topics
Disclosure, Freezing Orders, Illegally Obtained Evidence, Professional Privilege, Data Protection
Civil Procedure Commercial Law Disclosure Freezing Orders Illegally Obtained Evidence Professional Privilege Data Protection

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Parties

Fiona Trust Holding Corporation & Others

Claimants

Yuri Privalov & Others

Defendants

Procedural Posture

Commercial Court Litigation (fraud/conspiracy) / Interlocutory Application for Disclosure Prior to Hearing of Freezing Order Applications

Legal Issues

  1. 1 Whether the Claimants should be ordered to provide further disclosure and explanations regarding the use of private investigators and the alleged unlawful obtaining of evidence
  2. 2 Whether redacted investigator reports should be disclosed in full
  3. 3 Whether the court should adjourn the Claimants' freezing order application pending such disclosure

Ratio Decidendi

The court refused the Defendants' application for further disclosure and explanations, holding that such orders should only be made where necessary for the fair disposal of the application. The evidence allegedly obtained unlawfully was not central to the freezing order application, and the Claimants' redactions were accepted as relating to irrelevant material. The Defendants' concerns did not justify turning the interlocutory application into a mini-trial on illegality or frankness of affidavit evidence.

Court Disposition

Application for further disclosure and explanations refused.

Orders

  • Defendants' application for disclosure and explanations is dismissed.