Tugushev v Orlov & Ors [2021] EWHC 1514 (Comm) (28 May 2021)

Tugushev v Orlov & Ors [2021] EWHC 1514 (Comm) (28 May 2021)

The risk of prosecution under Russian law for disclosure of the 'red list' documents was not shown to be significant or substantial. The documents are necessary for a fair trial, and English procedural law requires disclosure. The balance of justice requires disclosure to be made now, with mitigating steps to reduce any risk to the First Defendant.

Citation
[2021] EWHC 1514 (Comm)
Parties
Claimant: Alexander Tugushev; First Defendant: Vitaly Orlov; Second Defendant: Magnus Roth; Third Defendant: Andrey Petrik; Non Party Applicants: Non-party applicants
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Commercial Court (qbd) Claim / Interlocutory Application for Relief From Disclosure Order
Outcome
Application refused; disclosure ordered
Legal Topics
Disclosure Obligations, Foreign Criminal Law Risk, Comity, Case Management, Joint Venture Disputes
Civil Procedure Commercial Law Conflict of Laws Disclosure Obligations Foreign Criminal Law Risk Comity Case Management Joint Venture Disputes

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Parties

Alexander Tugushev

Claimant

Vitaly Orlov

First Defendant

Magnus Roth

Second Defendant

Andrey Petrik

Third Defendant

Non-party applicants

Non Party Applicants

Procedural Posture

Commercial Court (qbd) Claim / Interlocutory Application for Relief From Disclosure Order

Legal Issues

  1. 1 Whether the First Defendant should be relieved from disclosure obligations due to risk of prosecution under Russian law
  2. 2 Balancing risk of foreign prosecution against need for fair trial and disclosure
  3. 3 Appropriate case management in light of foreign legal constraints

Ratio Decidendi

The risk of prosecution under Russian law for disclosure of the 'red list' documents was not shown to be significant or substantial. The documents are necessary for a fair trial, and English procedural law requires disclosure. The balance of justice requires disclosure to be made now, with mitigating steps to reduce any risk to the First Defendant.

Court Disposition

Application refused; disclosure ordered

Orders

  • First Defendant to give disclosure of the 'red list' documents in short order, with mitigating steps (disclosure of copies only, by solicitors in London, Claimant not to be told which documents were seized)
  • Further submissions to be heard on precise timing of disclosure