IPJSC United Compant Rusal v Whiteleave Holdings Limited & Ors

IPJSC United Compant Rusal v Whiteleave Holdings Limited & Ors

Mr. Potanin, as CEO of NN, has legal control over NN documents and practical control over documents of eleven named subsidiaries for purposes of disclosure under English law. Russian law does not bar such access, subject to exceptions for confidentiality, which must be addressed case-by-case. The disclosure order is reasonable and proportionate given the nature of the claims and absence of evidence of real risk of liability or undue burden. The order is not third-party disclosure by the back door and is consistent with both English and Russian law.

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 Civil Action / Third Case Management Conference (cmc 3), Interlocutory Judgment on Disclosure Application
Outcome
Application for disclosure order against Mr. Potanin granted in principle.
Legal Topics
Disclosure Obligations, Control of Documents, Foreign Law in English Proceedings, Corporate Governance, Confidentiality and Privilege
Commercial Law Company Law Civil Procedure Disclosure Obligations Control of Documents Foreign Law in English Proceedings Corporate Governance Confidentiality and Privilege

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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 Civil Action / Third Case Management Conference (cmc 3), Interlocutory Judgment on Disclosure Application

Legal Issues

  1. 1 Whether Mr. Potanin, as CEO of NN, has legal and/or practical control over documents held by NN and certain subsidiaries for purposes of disclosure under PD 57AD
  2. 2 Whether disclosure obligations extend to documents held by NN subsidiaries
  3. 3 Impact of Russian law and confidentiality rules on disclosure obligations

Ratio Decidendi

Mr. Potanin, as CEO of NN, has legal control over NN documents and practical control over documents of eleven named subsidiaries for purposes of disclosure under English law. Russian law does not bar such access, subject to exceptions for confidentiality, which must be addressed case-by-case. The disclosure order is reasonable and proportionate given the nature of the claims and absence of evidence of real risk of liability or undue burden. The order is not third-party disclosure by the back door and is consistent with both English and Russian law.

Court Disposition

Application for disclosure order against Mr. Potanin granted in principle.

Orders

  • Mr. Potanin to carry out a reasonable search for relevant disclosable documents held by NN and eleven named subsidiaries.
  • Order to be tailored to acknowledge exceptions where Mr. Potanin does not have control due to Russian law or confidentiality rules.