PJSC Tatneft v Gennady Bogolyubov & Ors

PJSC Tatneft v Gennady Bogolyubov & Ors

Full asset disclosure is necessary to police the worldwide freezing order and prevent cherry-picking; partial disclosure undermines the effectiveness of the order. No sufficient evidence was provided to justify limiting disclosure or excluding assets in Russia and Ukraine. The default position of full disclosure stands, subject to a confidentiality club for Russian and Ukrainian assets.

Parties
Claimant: PJSC Tatneft; Defendant: Gennady Bogolyubov & Ors
Jurisdiction
England and Wales
Judgment Date
10 May 2018
Procedural Posture
Application to Vary Worldwide Freezing Order / Ruling on Variation Application
Outcome
Application to vary the worldwide freezing order to limit asset disclosure refused.
Legal Topics
Freezing Orders, Asset Disclosure, Ancillary Relief, Confidentiality, Security for Judgment
Civil Procedure Injunctive Relief Freezing Orders Asset Disclosure Ancillary Relief Confidentiality Security for Judgment

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Parties

PJSC Tatneft

Claimant

Gennady Bogolyubov & Ors

Defendant

Procedural Posture

Application to Vary Worldwide Freezing Order / Ruling on Variation Application

Legal Issues

  1. 1 Whether the worldwide freezing order should be varied to limit asset disclosure to the updated asset list
  2. 2 Whether full asset disclosure is necessary to police the freezing order
  3. 3 Whether disclosure of assets in Russia and Ukraine should be withheld due to alleged risk of expropriation

Ratio Decidendi

Full asset disclosure is necessary to police the worldwide freezing order and prevent cherry-picking; partial disclosure undermines the effectiveness of the order. No sufficient evidence was provided to justify limiting disclosure or excluding assets in Russia and Ukraine. The default position of full disclosure stands, subject to a confidentiality club for Russian and Ukrainian assets.

Court Disposition

Application to vary the worldwide freezing order to limit asset disclosure refused.

Orders

  • Full asset disclosure required as per standard form order.
  • Confidentiality club imposed for Russian and Ukrainian assets, limited to legal teams and excluding client representatives.