Gorbachev v Guriev [2022] EWHC 1907 (Comm) (20 July 2022)

Gorbachev v Guriev [2022] EWHC 1907 (Comm) (20 July 2022)

An application under s.34 Senior Courts Act 1981 and CPR 31.17 for third party disclosure is a 'claim' and constitutes the commencement of 'proceedings' for the purposes of Practice Direction 6B gateway (20). Section 34 SCA 1981, in conjunction with the Civil Procedure Rules, allows such proceedings to be brought against persons outside England and Wales. Therefore, the court has jurisdiction to permit service of the application out of the jurisdiction and by alternative means. The discretionary factors in this case, including the location of the documents within the jurisdiction and the inefficacy of the letter of request procedure for the present purposes, justify the exercise of...

Citation
[2022] EWHC 1907 (Comm)
Parties
Claimant: Alexander Gorbachev; Defendant: Andrey Grigoryevich Guriev; 1st Respondent: Forsters LLP; 2nd Respondent: T. U. Reflections Limited; 3rd Respondent: First Link Management Services Limited
Jurisdiction
England and Wales
Judgment Date
20 July 2022
Procedural Posture
Commercial Court Application for Third Party Disclosure / Application to Set Aside Order Permitting Service Out of Jurisdiction and by Alternative Means
Outcome
Trustees' application to set aside the order permitting service out of the jurisdiction and by alternative means is dismissed.
Legal Topics
Third Party Disclosure, Service Out of Jurisdiction, Civil Procedure Rules, Statutory Interpretation
Civil Procedure Commercial Law Third Party Disclosure Service Out of Jurisdiction Civil Procedure Rules Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Alexander Gorbachev

Claimant

Andrey Grigoryevich Guriev

Defendant

Forsters LLP

1st Respondent

T. U. Reflections Limited

2nd Respondent

First Link Management Services Limited

3rd Respondent

Procedural Posture

Commercial Court Application for Third Party Disclosure / Application to Set Aside Order Permitting Service Out of Jurisdiction and by Alternative Means

Legal Issues

  1. 1 Whether an application under s.34 Senior Courts Act 1981 and CPR 31.17 can be served out of the jurisdiction under Practice Direction 6B gateway (20)
  2. 2 Whether s.34 SCA 1981 allows proceedings to be brought against persons outside England and Wales
  3. 3 Whether the court should exercise its discretion to permit service out of the jurisdiction and by alternative means

Ratio Decidendi

An application under s.34 Senior Courts Act 1981 and CPR 31.17 for third party disclosure is a 'claim' and constitutes the commencement of 'proceedings' for the purposes of Practice Direction 6B gateway (20). Section 34 SCA 1981, in conjunction with the Civil Procedure Rules, allows such proceedings to be brought against persons outside England and Wales. Therefore, the court has jurisdiction to permit service of the application out of the jurisdiction and by alternative means. The discretionary factors in this case, including the location of the documents within the jurisdiction and the inefficacy of the letter of request procedure for the present purposes, justify the exercise of...

Court Disposition

Trustees' application to set aside the order permitting service out of the jurisdiction and by alternative means is dismissed.

Orders

  • Permission to serve the application for third party disclosure out of the jurisdiction and by alternative means is upheld.
  • Directions to be given for the future conduct of the CPR 31.17 application.