Alexander Gorbachev v Andrey Grigoryevich Guriev

Alexander Gorbachev v Andrey Grigoryevich Guriev

The court has jurisdiction to appoint itself as special examiner to take evidence abroad during trial, and there is no public policy bar under the sanctions regime to making such an order. Exceptionally, in this case, the balance of fairness and the centrality of oral evidence justify granting the application for...

Source-derived case information.

Parties
Claimant: Alexander Gorbachev; Defendant: Andrey Grigoryevich Guriev
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Application / Interlocutory Application Ruling
Outcome
Application granted
Legal Topics
Taking Evidence Abroad, Special Examiner Procedure, Sanctions and Access to Justice, Video Link Evidence, Jurisdiction of English Courts
Civil Procedure Sanctions Law Taking Evidence Abroad Special Examiner Procedure Sanctions and Access to Justice Video Link Evidence Jurisdiction of English Courts

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Parties

Alexander Gorbachev

Claimant

Andrey Grigoryevich Guriev

Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the court has jurisdiction to appoint itself as special examiner to take evidence abroad during trial
  2. 2 Whether public policy under the Russia (Sanctions) (EU Exit) Regulations 2019 precludes such an order
  3. 3 Whether, as a matter of discretion, the order should be made in the circumstances

Ratio Decidendi

The court has jurisdiction to appoint itself as special examiner to take evidence abroad during trial, and there is no public policy bar under the sanctions regime to making such an order. Exceptionally, in this case, the balance of fairness and the centrality of oral evidence justify granting the application for evidence to be taken in Dubai rather than by video link.

Court Disposition

Application granted

Orders

  • Evidence of the defendant and his son to be taken on commission at the DIFC court in Dubai by the trial judge as special examiner.
  • Parties to arrange electronic bundles, business visa for the judge, and separate travel/accommodation.