VneshprombankLLC v Bedzhamov & Ors

VneshprombankLLC v Bedzhamov & Ors

Given the unusual roles of the DIA and A1, the lack of clarity as to who would access the documents, the material change in circumstances (including the publicity campaign and lack of notice to Third Parties), and the court's duty to protect Third Parties whose data was seized, it is appropriate to require undertakings from individuals at the DIA and A1 (and foreign lawyers) not to use documents except for the purposes of these proceedings or proceedings in this jurisdiction in connection with any Bedzhamov Asset, including submission to the jurisdiction and provision of an address for service. Details of dissemination of search reports must be provided and further dissemination restricted.

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
Interlocutory Application in Civil Proceedings / Application for Directions Regarding Search Order and Confidentiality Undertakings
Outcome
Application granted in part; directions given; undertakings required from DIA, A1, and foreign lawyers before release of documents; details of dissemination of search reports to be provided; further dissemination restricted.
Legal Topics
Search Orders, Confidentiality Undertakings, Disclosure of Documents, Collateral Use of Documents, Jurisdiction and Service, Third Party Rights
Civil Procedure Banking and Insolvency Litigation Funding Search Orders Confidentiality Undertakings Disclosure of Documents Collateral Use of Documents Jurisdiction and Service +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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

Interlocutory Application in Civil Proceedings / Application for Directions Regarding Search Order and Confidentiality Undertakings

Legal Issues

  1. 1 Whether further confidentiality undertakings should be required from DIA and A1 personnel before release of documents obtained under a search order
  2. 2 Whether the process of reducing the dataset for review breached the search order
  3. 3 Whether the Third Parties are entitled to additional protections regarding their data seized under the search order

Ratio Decidendi

Given the unusual roles of the DIA and A1, the lack of clarity as to who would access the documents, the material change in circumstances (including the publicity campaign and lack of notice to Third Parties), and the court's duty to protect Third Parties whose data was seized, it is appropriate to require undertakings from individuals at the DIA and A1 (and foreign lawyers) not to use documents except for the purposes of these proceedings or proceedings in this jurisdiction in connection with any Bedzhamov Asset, including submission to the jurisdiction and provision of an address for service. Details of dissemination of search reports must be provided and further dissemination restricted.

Court Disposition

Application granted in part; directions given; undertakings required from DIA, A1, and foreign lawyers before release of documents; details of dissemination of search reports to be provided; further dissemination restricted.

Orders

  • Documents obtained under the Search Order and determined to be listed items shall only be released by VPB’s solicitors subject to undertakings from DIA, A1, and foreign lawyers not to use them except for the purposes of these proceedings or proceedings in this jurisdiction in connection with any Bedzhamov Asset,...
  • Details of the dissemination of reports generated in the process of arriving at the c.27,000 pool of documents must be provided.