Bourlakova & Ors v Bourlakov & Ors (Rev1) [2023] EWHC 2233 (Ch) (08 September 2023)

Bourlakova & Ors v Bourlakov & Ors (Rev1) [2023] EWHC 2233 (Ch) (08 September 2023)

The court held that the proposed amendments to the Particulars of Claim, including the joinder of Veronica Bourlakova as a claimant and the advancement of new claims concerning ownership and damages, should be permitted. The defendants failed to establish a reasonably arguable limitation defence under Panamanian law to the actual claims advanced, as their arguments addressed claims not pursued by the claimants. The court found no procedural or discretionary bar to the amendments and determined that the interests of justice and the overriding objective required that the amendments be allowed.

Citation
[2023] EWHC 2233 (Ch)
Parties
Claimant: Loudmila Bourlakova; Claimant: Hermitage One Limited; Claimant: Greenbay Invest Holdings Limited; Proposed Claimant: Veronica Bourlakova; Defendant: Oleg Bourlakov; Defendant: Daniel Tribaldos; Defendant: Leo Services Holding Ltd; 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
Jurisdiction
England and Wales
Judgment Date
08 September 2023
Procedural Posture
Civil Commercial/chancery / Interlocutory Application for Permission to Amend Pleadings and for Joinder of Party
Outcome
Permission to amend granted; adjournment application refused; permission to rely on further evidence granted.
Legal Topics
Amendment of Pleadings, Joinder of Parties, Limitation of Actions, Jurisdiction, Fraud, Trusts, International Asset Tracing
Civil Procedure Commercial Law Trusts and Equity Conflict of Laws Amendment of Pleadings Joinder of Parties Limitation of Actions Jurisdiction +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Loudmila Bourlakova

Claimant

Hermitage One Limited

Claimant

Greenbay Invest Holdings Limited

Claimant

Veronica Bourlakova

Proposed Claimant

Oleg Bourlakov

Defendant

Daniel Tribaldos

Defendant

Leo Services Holding Ltd

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

Procedural Posture

Civil Commercial/chancery / Interlocutory Application for Permission to Amend Pleadings and for Joinder of Party

Legal Issues

  1. 1 Whether permission should be granted to amend the Particulars of Claim to advance new claims and add a claimant
  2. 2 Whether the proposed amendments are barred by limitation under Panamanian law
  3. 3 Whether the court has and should exercise jurisdiction over the proposed new claims and parties

Ratio Decidendi

The court held that the proposed amendments to the Particulars of Claim, including the joinder of Veronica Bourlakova as a claimant and the advancement of new claims concerning ownership and damages, should be permitted. The defendants failed to establish a reasonably arguable limitation defence under Panamanian law to the actual claims advanced, as their arguments addressed claims not pursued by the claimants. The court found no procedural or discretionary bar to the amendments and determined that the interests of justice and the overriding objective required that the amendments be allowed.

Court Disposition

Permission to amend granted; adjournment application refused; permission to rely on further evidence granted.

Orders

  • Permission granted to the claimants to amend the Particulars of Claim as proposed, including the joinder of Veronica Bourlakova as claimant.
  • The Kazakovs' application to adjourn the hearing refused.