Alexander Tugushev v Vitaly Orlov & Ors

Alexander Tugushev v Vitaly Orlov & Ors

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; the court can mitigate any risk by limiting disclosure to copies held in London and not revealing which documents were seized; therefore, the balance comes down firmly in favour of ordering disclosure now.

Parties
Claimant: Alexander Tugushev; First Defendant: Vitaly Orlov; Second Defendant: Magnus Roth; Third Defendant: Andrey Petrik; Non Party Applicants: Non-party applicants (Keystone clients)
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Commercial Court Claim (contract and Tort) / Interlocutory Application for Relief From Disclosure Order
Outcome
Application for relief from disclosure refused; disclosure ordered.
Legal Topics
Disclosure Obligations, Foreign Law Defence to Disclosure, Risk of Foreign Prosecution, Case Management, Joint Venture Disputes
Civil Procedure Commercial Law Conflict of Laws Disclosure Obligations Foreign Law Defence to Disclosure Risk of Foreign Prosecution 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 (Keystone clients)

Non Party Applicants

Procedural Posture

Commercial Court Claim (contract and Tort) / Interlocutory Application for Relief From Disclosure Order

Legal Issues

  1. 1 Whether the First Defendant should be relieved from the obligation to disclose documents seized by Russian authorities due to risk of prosecution under Russian law
  2. 2 How to balance the risk of foreign prosecution against the need for disclosure for a fair trial

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; the court can mitigate any risk by limiting disclosure to copies held in London and not revealing which documents were seized; therefore, the balance comes down firmly in favour of ordering disclosure now.

Court Disposition

Application for relief from disclosure refused; disclosure ordered.

Orders

  • First Defendant to give disclosure of the 'red list' documents in short order, limited to copies held by his solicitors in London.
  • Disclosure not to reveal which documents were seized by Russian authorities.