Jonathan Paul Thielmann & Ors. v Galina Besharova

Jonathan Paul Thielmann & Ors. v Galina Besharova

Assertion of privilege by the Trustees, even if it results in withholding highly relevant material, does not constitute abuse of process or render a fair trial impossible. The right to privilege is fundamental and integral to the fairness of litigation. Limited waiver of privilege does not justify striking out the claim, as procedural mechanisms exist to address any alleged unfairness.

Parties
Applicant: Jonathan Paul Thielmann; Applicant: Nicholas Stewart Wood; Applicant: Kevin John Hellard; Respondent: Galina Besharova
Jurisdiction
England and Wales
Judgment Date
22 November 2022
Procedural Posture
Insolvency Application / Ruling on Strike Out Application Prior to Trial
Outcome
Application to strike out dismissed
Legal Topics
Abuse of Process, Legal Professional Privilege, Fair Trial Rights, Strike Out Applications
Insolvency Civil Procedure Abuse of Process Legal Professional Privilege Fair Trial Rights Strike Out Applications

Case Brief

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Parties

Jonathan Paul Thielmann

Applicant

Nicholas Stewart Wood

Applicant

Kevin John Hellard

Applicant

Galina Besharova

Respondent

Procedural Posture

Insolvency Application / Ruling on Strike Out Application Prior to Trial

Legal Issues

  1. 1 Whether assertion of privilege by the Trustees renders a fair trial impossible and constitutes abuse of process
  2. 2 Whether limited waiver of privilege by the Trustees justifies striking out the Preference Claim

Ratio Decidendi

Assertion of privilege by the Trustees, even if it results in withholding highly relevant material, does not constitute abuse of process or render a fair trial impossible. The right to privilege is fundamental and integral to the fairness of litigation. Limited waiver of privilege does not justify striking out the claim, as procedural mechanisms exist to address any alleged unfairness.

Court Disposition

Application to strike out dismissed

Orders

  • Strike out application refused
  • No adjournment to trial; application dismissed now