IPJSC United Company Rusal v Whiteleave Holdings Ltd & Ors [2026] EWHC 154 (Comm) (30 January 2026)

IPJSC United Company Rusal v Whiteleave Holdings Ltd & Ors [2026] EWHC 154 (Comm) (30 January 2026)

Mr. Potanin, as CEO of NN, has legal control over NN's documents under Russian law for the purposes of disclosure in these proceedings, subject to his duties to act in the company's interests and to Russian confidentiality rules. The existence of confidentiality or other restrictions does not preclude a disclosure order in principle; any specific issues can be addressed by consent, redaction, or further directions. The fact that some documents may not be disclosable does not prevent an order requiring a search for and disclosure of those documents which are within his control.

Citation
[2026] EWHC 154 (Comm)
Parties
Claimant: IPJSC United Company Rusal; First Defendant: Whiteleave Holdings Limited; Second Defendant: Vladimir Olegovich Potanin; Third Defendant: Crispian Investments Limited; Fourth Defendant: Roman Arkadievich Abramovich
Jurisdiction
England and Wales
Judgment Date
30 January 2026
Procedural Posture
Commercial Court Proceedings (disclosure Application) / Third Case Management Conference (cmc 3), Interlocutory Judgment on Disclosure
Outcome
Disclosure order granted in principle against Mr. Potanin for documents held by NN and its subsidiaries, subject to exceptions and further directions.
Legal Topics
Disclosure Obligations, Control of Documents, Foreign Law in English Proceedings, Directors' Duties, Confidentiality and Privilege
Commercial Law Civil Procedure Conflict of Laws Disclosure Obligations Control of Documents Foreign Law in English Proceedings Directors' Duties Confidentiality and Privilege

Case Brief

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Parties

IPJSC United Company Rusal

Claimant

Whiteleave Holdings Limited

First Defendant

Vladimir Olegovich Potanin

Second Defendant

Crispian Investments Limited

Third Defendant

Roman Arkadievich Abramovich

Fourth Defendant

Procedural Posture

Commercial Court Proceedings (disclosure Application) / Third Case Management Conference (cmc 3), Interlocutory Judgment on Disclosure

Legal Issues

  1. 1 Whether Mr. Potanin, as CEO of NN, has legal or practical control over documents held by NN and its subsidiaries for the purposes of disclosure under PD 57AD
  2. 2 Whether Russian law or internal company regulations restrict Mr. Potanin's right to access and disclose such documents in English proceedings
  3. 3 Whether the existence of Russian confidentiality rules or other restrictions precludes a disclosure order against Mr. Potanin

Ratio Decidendi

Mr. Potanin, as CEO of NN, has legal control over NN's documents under Russian law for the purposes of disclosure in these proceedings, subject to his duties to act in the company's interests and to Russian confidentiality rules. The existence of confidentiality or other restrictions does not preclude a disclosure order in principle; any specific issues can be addressed by consent, redaction, or further directions. The fact that some documents may not be disclosable does not prevent an order requiring a search for and disclosure of those documents which are within his control.

Court Disposition

Disclosure order granted in principle against Mr. Potanin for documents held by NN and its subsidiaries, subject to exceptions and further directions.

Orders

  • Mr. Potanin is ordered to search for and disclose documents held by NN and identified subsidiaries within his control, subject to Russian confidentiality rules and company interests.
  • Any specific issues regarding confidentiality or inability to disclose to be addressed by consent, redaction, or further application.