Koldyreva v Motylev & Ors

Koldyreva v Motylev & Ors

The requirements for granting a search order are satisfied: there is a strong prima facie case, a serious risk of destruction of evidence, clear evidence that relevant documents exist, and the order is proportionate. The court has jurisdiction to grant the order against Megatrend as a non-party. The search order is granted in limited terms to balance the need for evidence preservation with the rights of residents, especially a minor child.

Parties
Intended Claimant: Anastasia Vladimirovna Koldyreva; Intended Defendant: Anatoly Leonidovich Motylev; Intended Defendant: Coutts & Co; Intended Defendant: Altus Investment Management Ltd; Intended Defendant: Centtrip Limited; Intended Defendant: Stuart Pierson
Jurisdiction
England and Wales
Judgment Date
14 September 2020
Procedural Posture
Civil / Application for Search Orders (pre Trial)
Outcome
Search orders granted (with modifications)
Legal Topics
Search Orders, Norwich Pharmacal Orders, Freezing Orders, Jurisdiction, Proportionality
Civil Procedure Insolvency Bankruptcy Search Orders Norwich Pharmacal Orders Freezing Orders Jurisdiction Proportionality

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Parties

Anastasia Vladimirovna Koldyreva

Intended Claimant

Anatoly Leonidovich Motylev

Intended Defendant

Coutts & Co

Intended Defendant

Altus Investment Management Ltd

Intended Defendant

Centtrip Limited

Intended Defendant

Stuart Pierson

Intended Defendant

Procedural Posture

Civil / Application for Search Orders (pre Trial)

Legal Issues

  1. 1 Whether the requirements for granting a search order are met
  2. 2 Whether the court has jurisdiction to grant a search order against a non-party (Megatrend)
  3. 3 Whether the search order is proportionate given the circumstances

Ratio Decidendi

The requirements for granting a search order are satisfied: there is a strong prima facie case, a serious risk of destruction of evidence, clear evidence that relevant documents exist, and the order is proportionate. The court has jurisdiction to grant the order against Megatrend as a non-party. The search order is granted in limited terms to balance the need for evidence preservation with the rights of residents, especially a minor child.

Court Disposition

Search orders granted (with modifications)

Orders

  • Search order granted for Niddry Lodge office (Megatrend)
  • Limited search order granted for St. Mary's Place residence: one hour search of ground and raised ground floors, limited inspection of bedrooms for home office or electronic devices, exclusion of child's devices, search not to occur during school hours, and requirement for Mr. Motylev to identify and provide access...