Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

A representative appointed under CPR Part 19.12(1) is not a personal representative but acts for the estate solely for the purposes of the proceedings. The representative is not obliged to consult with foreign representatives or beneficiaries, has power to bring counterclaims and settle claims (with court approval for settlements), and should be exonerated from personal liability except for fraud, dishonesty, or bad faith, given the litigation risks and lack of indemnity assets in the jurisdiction.

Parties
Claimant: Loudmila Bourlakova; Claimant: Hermitage One Limited; Claimant: Greenbay Invest Holdings Limited; Claimant: Veronica Bourlakova; Defendant: 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
31 July 2024
Procedural Posture
Civil Estate/probate/trusts Directions Application / Post Appointment Directions for Estate Representative
Outcome
Application for directions granted in part; guidance and orders issued as set out in the judgment.
Legal Topics
Appointment of Estate Representative, Scope of Representative's Duties, Power to Settle or Counterclaim, Exoneration From Liability, Consultation Obligations, Jurisdiction Under CPR Part 19.12
Civil Procedure Probate and Administration Trusts and Estates Appointment of Estate Representative Scope of Representative's Duties Power to Settle or Counterclaim Exoneration From Liability Consultation Obligations +1 more

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Parties

Loudmila Bourlakova

Claimant

Hermitage One Limited

Claimant

Greenbay Invest Holdings Limited

Claimant

Veronica Bourlakova

Claimant

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

Defendant

Procedural Posture

Civil Estate/probate/trusts Directions Application / Post Appointment Directions for Estate Representative

Legal Issues

  1. 1 What are the duties and powers of a representative appointed under CPR Part 19.12(1)?
  2. 2 Is the representative obliged to consult with foreign estate representatives or beneficiaries?
  3. 3 Does the representative have power to bring a counterclaim or settle proceedings?

Ratio Decidendi

A representative appointed under CPR Part 19.12(1) is not a personal representative but acts for the estate solely for the purposes of the proceedings. The representative is not obliged to consult with foreign representatives or beneficiaries, has power to bring counterclaims and settle claims (with court approval for settlements), and should be exonerated from personal liability except for fraud, dishonesty, or bad faith, given the litigation risks and lack of indemnity assets in the jurisdiction.

Court Disposition

Application for directions granted in part; guidance and orders issued as set out in the judgment.

Orders

  • Mr Jacob's duties as representative are limited to acting in the best interests of the estate in these proceedings.
  • No duty to consult with foreign representatives, beneficiaries, or entities holding estate assets, but may consult as he sees fit.