Bourlakova & Ors v Bourlakova & Ors [2024] EWHC 1937 (Ch) (29 July 2024)

Bourlakova & Ors v Bourlakova & Ors [2024] EWHC 1937 (Ch) (29 July 2024)

A representative appointed under CPR Part 19.12 is empowered to act in the best interests of the estate in the proceedings, is not required to consult with foreign representatives or beneficiaries, may seek further directions, can settle claims with court approval, is not personally liable for costs or losses except for fraud, dishonesty, or bad faith, and should be exonerated accordingly given the risks and complexity of the litigation.

Citation
[2024] EWHC 1937 (Ch)
Parties
Claimant: Loudmila Bourlakova; Claimant: Hermitage One Limited; Claimant: Greenbay Invest Holdings Limited; Claimant: Veronica Bourlakova; Defendant (deceased): Oleg Bourlakov; Defendant: Daniel Tribaldos; Defendant: Leo Services Holding Limited; Defendant: Leo Trust Switzerland AG; Defendant: Reuwen Schwarz; Defendant: Semen Anufriev; Defendant: Nikolai Kazakov; Defendant: Vera Kazakova; Defendant: Columbus Holding and Enterprises SA; Defendant: Finco Financial Inc; Defendant: Gatiabe Business Inc; Defendant: Edelweiss Investments Inc; Defendant: IPEC International Petroleum Co Inc; Defendant: Hemaren Stiftung; Defendant: Wlamil Foundation; Defendant: Delos Global SA; Defendant: Jovellanos Investments Corp
Jurisdiction
England and Wales
Judgment Date
29 July 2024
Procedural Posture
Chancery Division, Business List (ch D) / Application for Directions to Estate Representative Under CPR Part 19.12
Outcome
Application granted in substantial part
Legal Topics
Appointment of Estate Representative, Scope of Representative's Duties, Jurisdiction Under CPR Part 19.12, Multi Jurisdictional Estate Administration, Exoneration of Court Appointed Representatives
Civil Procedure Trusts and Estates Private International Law Appointment of Estate Representative Scope of Representative's Duties Jurisdiction Under CPR Part 19.12 Multi Jurisdictional Estate Administration Exoneration of Court Appointed Representatives

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Parties

Loudmila Bourlakova

Claimant

Hermitage One Limited

Claimant

Greenbay Invest Holdings Limited

Claimant

Veronica Bourlakova

Claimant

Oleg Bourlakov

Defendant (deceased)

Daniel Tribaldos

Defendant

Leo Services Holding Limited

Defendant

Leo Trust Switzerland AG

Defendant

Reuwen Schwarz

Defendant

Semen Anufriev

Defendant

Nikolai Kazakov

Defendant

Vera Kazakova

Defendant

Columbus Holding and Enterprises SA

Defendant

Finco Financial Inc

Defendant

Gatiabe Business Inc

Defendant

Edelweiss Investments Inc

Defendant

IPEC International Petroleum Co Inc

Defendant

Hemaren Stiftung

Defendant

Wlamil Foundation

Defendant

Delos Global SA

Defendant

Jovellanos Investments Corp

Defendant

Procedural Posture

Chancery Division, Business List (ch D) / Application for Directions to Estate Representative Under CPR Part 19.12

Legal Issues

  1. 1 What are the duties and powers of a representative appointed under CPR Part 19.12?
  2. 2 Is the representative obliged to consult with foreign estate representatives or beneficiaries?
  3. 3 Can the representative bring counterclaims or settle proceedings on behalf of the estate?

Ratio Decidendi

A representative appointed under CPR Part 19.12 is empowered to act in the best interests of the estate in the proceedings, is not required to consult with foreign representatives or beneficiaries, may seek further directions, can settle claims with court approval, is not personally liable for costs or losses except for fraud, dishonesty, or bad faith, and should be exonerated accordingly given the risks and complexity of the litigation.

Court Disposition

Application granted in substantial part

Orders

  • Mr Jacob's duties as representative are as set out in the judgment: to act in the best interests of the estate as a whole for the purposes of these proceedings.
  • No duty to consult with foreign representatives or beneficiaries, but may do so if appropriate.