VneshprombankLLC v Bedzhamov & Ors [2020] EWHC 2114 (Ch) (05 August 2020)

VneshprombankLLC v Bedzhamov & Ors [2020] EWHC 2114 (Ch) (05 August 2020)

Disclosure of documents obtained under the search order to employees of DIA and A1 is permitted only if those individuals provide undertakings not to use the documents except for the purposes of these proceedings or proceedings in this jurisdiction in connection with any Bedzhamov Asset, submit to the jurisdiction, and provide an address for service. Material changes in circumstances, including advertising campaigns and lack of notice to Third Parties, justify the imposition of these undertakings.

Citation
[2020] EWHC 2114 (Ch)
Parties
Claimant: Vneshprombank LLC; First Defendant: Georgy Ivanovich Bedzhamov; Second Defendant: Unifleet Technology Limited; Third Defendant: Persons Unknown; NCA Defendant: Basel Properties Limited; Third Party: Maxim Golodnitsky; Third Party: Berkeley Square Investment Partners Limited
Jurisdiction
England and Wales
Judgment Date
05 August 2020
Procedural Posture
Commercial Litigation / Interlocutory Application for Directions Regarding Search Order and Confidentiality
Outcome
Application granted in part; directions given for search protocol and confidentiality undertakings required from DIA and A1 individuals.
Legal Topics
Search Orders, Confidentiality, Disclosure, Litigation Funding, Third Party Rights
Civil Procedure Commercial Law Search Orders Confidentiality Disclosure Litigation Funding Third Party Rights

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Parties

Vneshprombank LLC

Claimant

Georgy Ivanovich Bedzhamov

First Defendant

Unifleet Technology Limited

Second Defendant

Persons Unknown

Third Defendant

Basel Properties Limited

NCA Defendant

Maxim Golodnitsky

Third Party

Berkeley Square Investment Partners Limited

Third Party

Procedural Posture

Commercial Litigation / Interlocutory Application for Directions Regarding Search Order and Confidentiality

Legal Issues

  1. 1 Whether further undertakings should be required from individuals at DIA and A1 regarding use of documents obtained under the search order
  2. 2 Whether A1 and DIA should submit to the jurisdiction and provide an address for service
  3. 3 Whether the scope of use of listed items should be restricted to these proceedings and asset-related proceedings in this jurisdiction

Ratio Decidendi

Disclosure of documents obtained under the search order to employees of DIA and A1 is permitted only if those individuals provide undertakings not to use the documents except for the purposes of these proceedings or proceedings in this jurisdiction in connection with any Bedzhamov Asset, submit to the jurisdiction, and provide an address for service. Material changes in circumstances, including advertising campaigns and lack of notice to Third Parties, justify the imposition of these undertakings.

Court Disposition

Application granted in part; directions given for search protocol and confidentiality undertakings required from DIA and A1 individuals.

Orders

  • Disclosure of listed items to DIA and A1 employees permitted only upon provision of undertakings as specified.
  • Undertakings must include submission to jurisdiction and address for service in England and Wales.