Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

The Burlington respondents did not conduct a proper search for documents required for standard disclosure, particularly regarding AJK and Mills & Reeve documents. The court ordered the respondents to request a full explanation from AJK regarding document selection, but declined to order a re-review or broader search due to practical limitations and the expedited timetable.

Parties
Claimant: Kazakhstan Kagazy PLC; Claimant: Prime Estate Activities Kazakhstan LLP; Claimant: Peak Akzhal LLP; Claimant: Peak Aksenger LLP; Claimant: Astana - Contract JSC; Claimant: Paragon Development LLP; Defendant: Baglan Abdullayevich Zhunus; Defendant: Maksat Askaruly Arip; Defendant: Shynar Dikhanbayeva; Defendant: Sholpan Arip; Defendant: Larissa Asilbekova; Additional Party: Harbour Fund III LP; Respondent to Application for Charging Orders: Cooperton Management Limited; Respondent to Application for Charging Orders: Fablink Limited; Respondent to Application for Charging Orders: Waychem Limited; Respondent to Application for Charging Orders: Standcorp Limited; Respondent to Application for Charging Orders: Permafast Limited; Respondent to Application for Charging Orders: Dencora Limited; Respondent to Application for Charging Orders: Unistarel Corporation
Jurisdiction
England and Wales
Judgment Date
04 April 2019
Procedural Posture
Commercial Court Application / Ruling on Specific Disclosure Application
Outcome
Application granted in part
Legal Topics
Disclosure, Case Management, Costs
Civil Procedure Disclosure Case Management Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Kazakhstan Kagazy PLC

Claimant

Prime Estate Activities Kazakhstan LLP

Claimant

Peak Akzhal LLP

Claimant

Peak Aksenger LLP

Claimant

Astana - Contract JSC

Claimant

Paragon Development LLP

Claimant

Baglan Abdullayevich Zhunus

Defendant

Maksat Askaruly Arip

Defendant

Shynar Dikhanbayeva

Defendant

Sholpan Arip

Defendant

Larissa Asilbekova

Defendant

Harbour Fund III LP

Additional Party

Cooperton Management Limited

Respondent to Application for Charging Orders

Fablink Limited

Respondent to Application for Charging Orders

Waychem Limited

Respondent to Application for Charging Orders

Standcorp Limited

Respondent to Application for Charging Orders

Permafast Limited

Respondent to Application for Charging Orders

Dencora Limited

Respondent to Application for Charging Orders

Unistarel Corporation

Respondent to Application for Charging Orders

Procedural Posture

Commercial Court Application / Ruling on Specific Disclosure Application

Legal Issues

  1. 1 Whether the Burlington respondents conducted a proper search for documents required for standard disclosure under Part 31.6
  2. 2 Adequacy of disclosure review and document selection
  3. 3 Appropriate order for specific disclosure under current procedural rules

Ratio Decidendi

The Burlington respondents did not conduct a proper search for documents required for standard disclosure, particularly regarding AJK and Mills & Reeve documents. The court ordered the respondents to request a full explanation from AJK regarding document selection, but declined to order a re-review or broader search due to practical limitations and the expedited timetable.

Court Disposition

Application granted in part

Orders

  • Burlington respondents must, by their solicitors, on or before 8th April 2019, write to AJK requesting a full explanation of the means and basis for selection of document collections provided to Mr. Georghiou and Quinn Emanuel.
  • AJK to provide a full and detailed response by 18th April 2019 (requested, not ordered).