Hulley Enterprises Limited & Ors v White & Case LLP & Ors

Hulley Enterprises Limited & Ors v White & Case LLP & Ors

The Claimants are not entitled to delivery up of documents or Norwich Pharmacal relief. The Defendants do not possess the archive or any substantial subset of the documents, and have acted properly and professionally. The requirements for Norwich Pharmacal relief are not met, particularly as the Claimants do not seek to interfere with the Russian Federation's use of the documents and the documents are not confidential as between the Claimants and the Defendants. The claim against D3 fails as England & Wales is not clearly and distinctly the most appropriate forum.

Parties
Claimant/applicant: Hulley Enterprises Limited; Claimant/applicant: Yukos Universal Limited; Claimant/applicant: Veteran Petroleum Limited; Claimant/applicant: GML Limited; Defendant/respondent: White & Case LLP; Defendant/respondent: David Goldberg; Defendant/respondent: Albert Jan van den Berg
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (commercial Court) / Judgment on Substantive Hearing of Claim for Delivery Up and Norwich Pharmacal Orders
Outcome
Claim dismissed
Legal Topics
Norwich Pharmacal Orders, Delivery Up of Documents, Legal Professional Privilege, Jurisdiction, Confidentiality
Civil Procedure Commercial Law International Arbitration Norwich Pharmacal Orders Delivery Up of Documents Legal Professional Privilege Jurisdiction Confidentiality

Case Brief

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Parties

Hulley Enterprises Limited

Claimant/applicant

Yukos Universal Limited

Claimant/applicant

Veteran Petroleum Limited

Claimant/applicant

GML Limited

Claimant/applicant

White & Case LLP

Defendant/respondent

David Goldberg

Defendant/respondent

Albert Jan van den Berg

Defendant/respondent

Procedural Posture

Civil (commercial Court) / Judgment on Substantive Hearing of Claim for Delivery Up and Norwich Pharmacal Orders

Legal Issues

  1. 1 Whether the Claimants are entitled to delivery up of documents allegedly misappropriated from their records and/or former solicitors
  2. 2 Whether the Claimants are entitled to Norwich Pharmacal relief against the Defendants (including a law firm and lawyers)
  3. 3 Whether the English court has jurisdiction over the third Defendant (D3) for the purposes of the claim for documents and information

Ratio Decidendi

The Claimants are not entitled to delivery up of documents or Norwich Pharmacal relief. The Defendants do not possess the archive or any substantial subset of the documents, and have acted properly and professionally. The requirements for Norwich Pharmacal relief are not met, particularly as the Claimants do not seek to interfere with the Russian Federation's use of the documents and the documents are not confidential as between the Claimants and the Defendants. The claim against D3 fails as England & Wales is not clearly and distinctly the most appropriate forum.

Court Disposition

Claim dismissed