Alexander Gorbachev v Andrey Grigoryevich Guriev

Alexander Gorbachev v Andrey Grigoryevich Guriev

The court has jurisdiction under section 34 of the Senior Courts Act 1981 and CPR 31.17 to order third party disclosure against persons outside England and Wales where the documents are located within the jurisdiction. The principle of territoriality does not preclude such orders in these circumstances, and judicial discretion provides a sufficient safeguard. The appeal is dismissed.

Parties
Claimant: Alexander Gorbachev; Defendant: Andrey Grigoryevich Guriev; Third Party/respondent: Forsters LLP; Appellant/trustee: T. U. Reflections Limited; Appellant/trustee: First Link Management Services Limited
Jurisdiction
England and Wales
Judgment Date
30 September 2022
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Third Party Disclosure and Service Out of Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Third Party Disclosure, Service Out of Jurisdiction, Principle of Territoriality, Letters of Request, Statutory Interpretation
Civil Procedure International Law Third Party Disclosure Service Out of Jurisdiction Principle of Territoriality Letters of Request Statutory Interpretation

Case Brief

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Parties

Alexander Gorbachev

Claimant

Andrey Grigoryevich Guriev

Defendant

Forsters LLP

Third Party/respondent

T. U. Reflections Limited

Appellant/trustee

First Link Management Services Limited

Appellant/trustee

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Third Party Disclosure and Service Out of Jurisdiction

Legal Issues

  1. 1 Whether the court has jurisdiction to order third party disclosure against a party outside England and Wales under section 34 of the Senior Courts Act 1981 and CPR 31.17
  2. 2 Whether the court should exercise discretion to permit service out of the jurisdiction
  3. 3 Whether alternative service was properly ordered

Ratio Decidendi

The court has jurisdiction under section 34 of the Senior Courts Act 1981 and CPR 31.17 to order third party disclosure against persons outside England and Wales where the documents are located within the jurisdiction. The principle of territoriality does not preclude such orders in these circumstances, and judicial discretion provides a sufficient safeguard. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The court has and should exercise jurisdiction to permit service out of the jurisdiction on the Trustees for third party disclosure of documents located in England and Wales.