Gorbachev v Guriev & Ors [2023] EWCA Civ 327 (28 March 2023)

Gorbachev v Guriev & Ors [2023] EWCA Civ 327 (28 March 2023)

The costs of the jurisdiction application were part of the costs of resisting the third party disclosure application and fell within the general rule in CPR 46.1(2), entitling the Trustees to their costs unless they acted unreasonably. The Judge erred in treating the jurisdiction application as self-standing and outside CPR 46.1. There was no basis to displace the general rule, as the Trustees' challenge was reasonable.

Citation
[2023] EWCA Civ 327
Parties
Claimant/respondent: Alexander Gorbachev; Defendant/respondent: Andrey Grigoreyvich Guriev; Respondent/appellant: Forsters LLP; Respondent/appellant: T. U. Reflections Ltd; Respondent/appellant: First Link Management Services Limited
Jurisdiction
England and Wales
Judgment Date
28 March 2023
Procedural Posture
Appeal / Appeal Against First Instance Costs Order Following Jurisdiction Challenge in Third Party Disclosure Application
Outcome
Appeal allowed
Legal Topics
Third Party Disclosure, Jurisdiction Challenge, Costs Orders, CPR 46.1, CPR 44.2
Civil Procedure Commercial Law Third Party Disclosure Jurisdiction Challenge Costs Orders CPR 46.1 CPR 44.2

Case Brief

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Parties

Alexander Gorbachev

Claimant/respondent

Andrey Grigoreyvich Guriev

Defendant/respondent

Forsters LLP

Respondent/appellant

T. U. Reflections Ltd

Respondent/appellant

First Link Management Services Limited

Respondent/appellant

Procedural Posture

Appeal / Appeal Against First Instance Costs Order Following Jurisdiction Challenge in Third Party Disclosure Application

Legal Issues

  1. 1 Whether the general rule in CPR 46.1(2) applies to costs of a jurisdiction challenge in a third party disclosure application
  2. 2 Whether the costs of the jurisdiction application should be borne by the applicant or the third party

Ratio Decidendi

The costs of the jurisdiction application were part of the costs of resisting the third party disclosure application and fell within the general rule in CPR 46.1(2), entitling the Trustees to their costs unless they acted unreasonably. The Judge erred in treating the jurisdiction application as self-standing and outside CPR 46.1. There was no basis to displace the general rule, as the Trustees' challenge was reasonable.

Court Disposition

Appeal allowed

Orders

  • Order substituted that Mr Gorbachev should pay the Trustees' costs of the jurisdiction application