Buzzfeed Inc & Anor v Gubarev & Ors [2018] EWHC 1201 (QB) (18 May 2018)

Buzzfeed Inc & Anor v Gubarev & Ors [2018] EWHC 1201 (QB) (18 May 2018)

The Senior Master was entitled to limit the scope of the oral examination to specified topics relating only to the December memorandum, as the original topics were overly broad, amounted to a fishing expedition, and were oppressive; the requesting court had not independently considered relevance, so the English court properly undertook that assessment and imposed necessary safeguards to protect sources.

Citation
[2018] EWHC 1201 (QB)
Parties
Appellant: BuzzFeed Inc and Ben Smith; First Respondents: Aleksej Gubarev, XBT Holdings SA and Webzilla Inc; Second Respondent: Christopher Steele; Intervenor: FCO (Foreign and Commonwealth Office)
Jurisdiction
England and Wales
Judgment Date
18 May 2018
Procedural Posture
Appeal / Judgment on Appeal Against Order of Senior Master Regarding Scope of Oral Examination Under Evidence (proceedings in Other Jurisdictions) Act 1975
Outcome
Appeal dismissed
Legal Topics
Letters of Request, Scope of Examination, Oppression, Relevance of Evidence, Protection of Sources
Civil Procedure International Judicial Assistance Defamation Letters of Request Scope of Examination Oppression Relevance of Evidence Protection of Sources

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

BuzzFeed Inc and Ben Smith

Appellant

Aleksej Gubarev, XBT Holdings SA and Webzilla Inc

First Respondents

Christopher Steele

Second Respondent

FCO (Foreign and Commonwealth Office)

Intervenor

Procedural Posture

Appeal / Judgment on Appeal Against Order of Senior Master Regarding Scope of Oral Examination Under Evidence (proceedings in Other Jurisdictions) Act 1975

Legal Issues

  1. 1 Whether the Senior Master erred in limiting the scope of topics for oral examination of Mr Steele under a Letter of Request from a US court
  2. 2 Whether the original topics were oppressive or irrelevant
  3. 3 Whether the court should defer to the requesting court's assessment of relevance

Ratio Decidendi

The Senior Master was entitled to limit the scope of the oral examination to specified topics relating only to the December memorandum, as the original topics were overly broad, amounted to a fishing expedition, and were oppressive; the requesting court had not independently considered relevance, so the English court properly undertook that assessment and imposed necessary safeguards to protect sources.

Court Disposition

Appeal dismissed

Orders

  • Form of order to be agreed by the parties in light of the judgment.
  • FCO's intervention to be addressed by the Senior Master.