Koldyreva v Motylev & Ors [2020] EWHC 3084 (Ch) (14 September 2020)

Koldyreva v Motylev & Ors [2020] EWHC 3084 (Ch) (14 September 2020)

The court has jurisdiction to grant search orders against non-parties where evidence relevant to proceedings may be secured, and the five requirements for search orders are satisfied. Proportionality is achieved by limiting the scope and timing of the search, especially in residential premises.

Citation
[2020] EWHC 3084 (Ch)
Parties
Intended Claimant: Anastasia Vladimirovna Koldyreva; Intended Defendant: Anatoly Leonidovich Motylev; Defendant: Coutts & Co; Defendant: Altus Investment Management Ltd; Defendant: Centtr1p Limited; Defendant (norwich Pharmacal): Stuart Pierson
Jurisdiction
England and Wales
Judgment Date
14 September 2020
Procedural Posture
Search Order Application / Interlocutory
Outcome
Search orders granted with modifications
Legal Topics
Search Orders, Norwich Pharmacal Orders, Worldwide Freezing Orders, Bankruptcy Recognition, Asset Tracing
Civil Procedure Injunctions Search Orders Norwich Pharmacal Orders Worldwide Freezing Orders Bankruptcy Recognition Asset Tracing

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Parties

Anastasia Vladimirovna Koldyreva

Intended Claimant

Anatoly Leonidovich Motylev

Intended Defendant

Coutts & Co

Defendant

Altus Investment Management Ltd

Defendant

Centtr1p Limited

Defendant

Stuart Pierson

Defendant (norwich Pharmacal)

Procedural Posture

Search Order Application / Interlocutory

Legal Issues

  1. 1 Whether search orders should be granted against residential and business premises
  2. 2 Jurisdiction to grant search orders against non-parties
  3. 3 Proportionality of search orders in residential premises

Ratio Decidendi

The court has jurisdiction to grant search orders against non-parties where evidence relevant to proceedings may be secured, and the five requirements for search orders are satisfied. Proportionality is achieved by limiting the scope and timing of the search, especially in residential premises.

Court Disposition

Search orders granted with modifications

Orders

  • Search order granted for Megatrend office at Niddry Lodge.
  • Search order granted for St. Mary's Place residence, limited to ground and raised ground floors for one hour, and bedrooms only to assess for home office or electronic devices, with further search permitted if home office identified.