The State of Qatar v Banque Havilland SA & Ors

The State of Qatar v Banque Havilland SA & Ors

Most requests for further information and Norwich Pharmacal orders were denied as impermissible or unnecessary; some clarification of pleadings was ordered regarding the presentation and roles of other persons. Early disclosure was denied except for limited categories. Model D disclosure was ordered for most issues, with Model E reserved for exceptional circumstances and not ordered at this stage.

Parties
Claimant: The State of Qatar; Defendant: Banque Havilland SA; Defendant: Vladimir Bolelyy
Jurisdiction
England and Wales
Judgment Date
05 March 2020
Procedural Posture
Commercial / Interlocutory Application for Further Information and Disclosure
Outcome
requests for further information and early disclosure largely denied; limited orders for clarification of pleadings and disclosure granted
Legal Topics
Disclosure, Pleadings, Norwich Pharmacal Orders, Conspiracy, Trading Strategy
Civil Procedure Commercial Law Disclosure Pleadings Norwich Pharmacal Orders Conspiracy Trading Strategy

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Parties

The State of Qatar

Claimant

Banque Havilland SA

Defendant

Vladimir Bolelyy

Defendant

Procedural Posture

Commercial / Interlocutory Application for Further Information and Disclosure

Legal Issues

  1. 1 whether further information should be ordered under Part 18 or Norwich Pharmacal
  2. 2 scope and necessity of early disclosure
  3. 3 appropriate disclosure model (Model D vs Model E)

Ratio Decidendi

Most requests for further information and Norwich Pharmacal orders were denied as impermissible or unnecessary; some clarification of pleadings was ordered regarding the presentation and roles of other persons. Early disclosure was denied except for limited categories. Model D disclosure was ordered for most issues, with Model E reserved for exceptional circumstances and not ordered at this stage.

Court Disposition

requests for further information and early disclosure largely denied; limited orders for clarification of pleadings and disclosure granted

Orders

  • defendants to provide further information regarding purpose and circumstances of presentation creation
  • claimant to clarify meaning of 'control' in pleadings