Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors
The Court granted limited confidentiality relief, requiring Claimants to deliver up and destroy Defendants' confidential information (with exceptions for the CT report and privileged materials), swear affidavits detailing recipients and circumstances, and issue instructions to investigators, but refused overbroad disclosure and destruction obligations, holding that relief must be proportionate and focused on maintaining procedural integrity and transparency.
- Parties
- Claimants: Loudmila Bourlakova & Ors; Defendants: Oleg Bourlakov & Ors; Sixth Defendant: Mr Anufriev; Seventh and Eighth Defendants: Kazakovs; Twelfth Defendant: Edelweiss; Defendant: Hemaren Stiftung
- Jurisdiction
- England and Wales
- Judgment Date
- 04 May 2024
- Procedural Posture
- Civil / Interlocutory Application Ruling
- Outcome
- Confidentiality Applications granted in part; Injunction Application adjourned.
- Legal Topics
- Asset Freezing Injunctions, Proprietary Injunctions, Breach of Confidence, Privilege Review, Clean Hands Doctrine, Adjournment, Disclosure Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Loudmila Bourlakova & Ors
Claimants
Oleg Bourlakov & Ors
Defendants
Mr Anufriev
Sixth Defendant
Kazakovs
Seventh and Eighth Defendants
Edelweiss
Twelfth Defendant
Hemaren Stiftung
Defendant
Procedural Posture
Civil / Interlocutory Application Ruling
Legal Issues
- 1 Whether asset freezing or proprietary injunctive relief should be granted against Hemaren and Edelweiss
- 2 Whether Claimants should deliver up and destroy Defendants' confidential and privileged information
- 3 Whether Claimants and their agents unlawfully obtained and used Defendants' confidential information
Ratio Decidendi
The Court granted limited confidentiality relief, requiring Claimants to deliver up and destroy Defendants' confidential information (with exceptions for the CT report and privileged materials), swear affidavits detailing recipients and circumstances, and issue instructions to investigators, but refused overbroad disclosure and destruction obligations, holding that relief must be proportionate and focused on maintaining procedural integrity and transparency.
Court Disposition
Confidentiality Applications granted in part; Injunction Application adjourned.
Orders
- Claimants to deliver up and destroy Defendants' confidential information (excluding CT report and privileged materials) in their possession and that of their lawyers and family members.
- Claimants to issue instructions to CT and Marengo to deliver up and destroy Defendants' confidential information, agreeing to pay reasonable related costs.
Full Case Text
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