East-West United Bank S.A. v Vladimir Gusinski & Ors

East-West United Bank S.A. v Vladimir Gusinski & Ors

There is a prima facie case that Mr Gusinski, controlling the Borrower and Respondent Companies, engaged in a dishonest scheme to avoid repayment to the Claimant by misleading courts and tribunals and diverting funds, which constitutes iniquity sufficient to displace legal professional privilege over relevant communications.

Parties
Claimant: East-West United Bank SA; First Defendant: Mr Vladimir Gusinski; Second Defendant: GSC Solicitors LLP; Third Defendant: Mr Barry Samuels; First Respondent: The Financial Secretary of the Cayman Islands; Second Respondent: New Media Programming (in liquidation); Third Respondent: Nova Century Holdings Limited; Fourth Respondent: Progress Studio LLC (in liquidation); Fifth Respondent: Movie Production Center LLC (in liquidation)
Jurisdiction
England and Wales
Judgment Date
28 August 2024
Procedural Posture
Civil (business and Property) / Interlocutory Application for Determination of Legal Professional Privilege and Iniquity Exception
Outcome
Application granted
Legal Topics
Legal Professional Privilege, Iniquity Exception, Conspiracy, Breach of Trust, Fiduciary Duties
Civil Procedure Banking and Finance Insolvency Arbitration Legal Professional Privilege Iniquity Exception Conspiracy Breach of Trust +1 more

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Parties

East-West United Bank SA

Claimant

Mr Vladimir Gusinski

First Defendant

GSC Solicitors LLP

Second Defendant

Mr Barry Samuels

Third Defendant

The Financial Secretary of the Cayman Islands

First Respondent

New Media Programming (in liquidation)

Second Respondent

Nova Century Holdings Limited

Third Respondent

Progress Studio LLC (in liquidation)

Fourth Respondent

Movie Production Center LLC (in liquidation)

Fifth Respondent

Procedural Posture

Civil (business and Property) / Interlocutory Application for Determination of Legal Professional Privilege and Iniquity Exception

Legal Issues

  1. 1 Whether the iniquity exception to legal professional privilege applies to communications between the Defendants and their legal advisers in relation to the matters raised in the claim
  2. 2 Whether there is a prima facie case of iniquity sufficient to displace privilege

Ratio Decidendi

There is a prima facie case that Mr Gusinski, controlling the Borrower and Respondent Companies, engaged in a dishonest scheme to avoid repayment to the Claimant by misleading courts and tribunals and diverting funds, which constitutes iniquity sufficient to displace legal professional privilege over relevant communications.

Court Disposition

Application granted

Orders

  • No legal professional privilege applies to documents and communications brought into existence as part of or in furtherance of the alleged scheme to avoid repayment to the Claimant, including matters raised in the present claim.