The State of Qatarv Banque Havilland SA & Anor [2021] EWHC 1790 (Comm) (07 May 2021)

The State of Qatarv Banque Havilland SA & Anor [2021] EWHC 1790 (Comm) (07 May 2021)

Further disclosure is ordered from the governor and deputy governor of QCB and at least one custodian from QIA, as their involvement in relevant decision-making cannot be excluded without proper evidence. Board minutes of QCB and QIA must be disclosed as primary documents likely to address the issues. No further disclosure is ordered from QFCRA, Mr Al-Khulaifi, or committee members, as their involvement or documents are unlikely to be relevant or are already covered by existing custodians.

Citation
[2021] EWHC 1790 (Comm)
Parties
Claimant: The State of Qatar; Defendant: Banque Havilland S. A.; Defendant: Vladimir Bolelyy
Jurisdiction
England and Wales
Judgment Date
07 May 2021
Procedural Posture
Commercial Court Application for Further Disclosure / Interlocutory Application for Further Disclosure
Outcome
Application for further disclosure granted in part
Legal Topics
Disclosure, Conspiracy, Causation, Proportionality of Search
Civil Procedure Commercial Law Disclosure Conspiracy Causation Proportionality of Search

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Parties

The State of Qatar

Claimant

Banque Havilland S. A.

Defendant

Vladimir Bolelyy

Defendant

Procedural Posture

Commercial Court Application for Further Disclosure / Interlocutory Application for Further Disclosure

Legal Issues

  1. 1 Whether further disclosure should be ordered from additional custodians within QCB and QIA
  2. 2 Whether Board minutes of QCB and QIA should be disclosed
  3. 3 Whether disclosure should be ordered from QFCRA, Mr Al-Khulaifi, and committee members

Ratio Decidendi

Further disclosure is ordered from the governor and deputy governor of QCB and at least one custodian from QIA, as their involvement in relevant decision-making cannot be excluded without proper evidence. Board minutes of QCB and QIA must be disclosed as primary documents likely to address the issues. No further disclosure is ordered from QFCRA, Mr Al-Khulaifi, or committee members, as their involvement or documents are unlikely to be relevant or are already covered by existing custodians.

Court Disposition

Application for further disclosure granted in part

Orders

  • Governor and deputy governor of QCB to be added as custodians for disclosure
  • At least one custodian from QIA to be added for disclosure