Brigita Morina & Ors v Elena Nikolayevna Scherbakova & Ors

Brigita Morina & Ors v Elena Nikolayevna Scherbakova & Ors

The Practice Direction does not restrict disclosure to only contemporaneous documents. Internal notes and emails created after the events in question may be relevant and disclosable if they contain evidence or statements of fact pertinent to the issues for disclosure. The Master was entitled to order a reasonable and proportionate search of such documents, and the administrators are best placed to determine the scope of the search. The appeal is dismissed as the Master's decision was not plainly wrong.

Parties
Appellant/claimant: Brigita Morina; Appellant/claimant: AB (by litigation friend, Brigita Morina); Appellant/claimant: BC (by litigation friend, Brigita Morina); Respondent/defendant: Elena Nikolayevna Scherbakova; Respondent/defendant: Olga Vladimirovna Scherbakova; Respondent/defendant: Alexander Scherbakov; Respondent/defendant: CD (by litigation friend, Elena Buchen); Respondent/defendant: Chan Shee Khow; Respondent/defendant/joint Administrator: William Jeremy Alexander Gordon; Respondent/defendant/joint Administrator: Catherine Mairead McAleavey
Jurisdiction
England and Wales
Judgment Date
02 March 2023
Procedural Posture
Probate and Company/trusts Appeal / Appeal From Order on Disclosure in Ongoing Probate and Company Claims
Outcome
Appeal dismissed
Legal Topics
Disclosure of Documents, Extended Disclosure, Probate Disputes, Beneficial Ownership, Litigation Privilege
Probate Trusts Civil Procedure Company Law Disclosure of Documents Extended Disclosure Probate Disputes Beneficial Ownership +1 more

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Parties

Brigita Morina

Appellant/claimant

AB (by litigation friend, Brigita Morina)

Appellant/claimant

BC (by litigation friend, Brigita Morina)

Appellant/claimant

Elena Nikolayevna Scherbakova

Respondent/defendant

Olga Vladimirovna Scherbakova

Respondent/defendant

Alexander Scherbakov

Respondent/defendant

CD (by litigation friend, Elena Buchen)

Respondent/defendant

Chan Shee Khow

Respondent/defendant

William Jeremy Alexander Gordon

Respondent/defendant/joint Administrator

Catherine Mairead McAleavey

Respondent/defendant/joint Administrator

Procedural Posture

Probate and Company/trusts Appeal / Appeal From Order on Disclosure in Ongoing Probate and Company Claims

Legal Issues

  1. 1 Whether internal notes and emails of the Interim Administrators' solicitors are disclosable under Model D Extended Disclosure in the Probate and KPHL claims
  2. 2 Interpretation of 'contemporaneous documents' under Practice Direction 57AD/51U
  3. 3 Whether the cost and scope of searching internal notes is reasonable and proportionate

Ratio Decidendi

The Practice Direction does not restrict disclosure to only contemporaneous documents. Internal notes and emails created after the events in question may be relevant and disclosable if they contain evidence or statements of fact pertinent to the issues for disclosure. The Master was entitled to order a reasonable and proportionate search of such documents, and the administrators are best placed to determine the scope of the search. The appeal is dismissed as the Master's decision was not plainly wrong.

Court Disposition

Appeal dismissed

Orders

  • The order of Deputy Master Teverson requiring the Interim Administrators to carry out a reasonable and proportionate search of internal notes and emails is upheld.
  • Costs and further directions to be determined as appropriate.