Bourlakova & Ors v Bourlakov & Ors [2025] EWHC 909 (Ch) (07 April 2025)

Bourlakova & Ors v Bourlakov & Ors [2025] EWHC 909 (Ch) (07 April 2025)

The court declined to approve the proposed funding arrangement as it would unduly encumber the estate with significant liability and priority in favour of Edelweiss, in circumstances where beneficiary interests are disputed and not all are represented. The court has jurisdiction to make such orders but must exercise...

Source-derived case information.

Citation
[2025] EWHC 909 (Ch)
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
Jurisdiction
England and Wales
Judgment Date
07 April 2025
Procedural Posture
Chancery Division Business and Property Dispute / Interlocutory Application Regarding Funding and Representation of Estate
Outcome
Applications adjourned; proposed funding arrangement not approved; parties given final opportunity to agree alternative funding by 25 April 2025.
Legal Topics
Non Party Costs Orders, Representative Proceedings, Funding of Litigation, Estate Administration, Costs Budgeting
Civil Procedure Trusts and Estates Company Law Non Party Costs Orders Representative Proceedings Funding of Litigation Estate Administration Costs Budgeting

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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

Procedural Posture

Chancery Division Business and Property Dispute / Interlocutory Application Regarding Funding and Representation of Estate

Legal Issues

  1. 1 Whether the court should approve a proposed funding arrangement for the representative of the estate under CPR Part 19.12
  2. 2 Whether the court has jurisdiction to make interim costs orders in favour of or against non-parties
  3. 3 Whether the proposed funding structure is fair and workable given the interests of rival claimants and beneficiaries

Ratio Decidendi

The court declined to approve the proposed funding arrangement as it would unduly encumber the estate with significant liability and priority in favour of Edelweiss, in circumstances where beneficiary interests are disputed and not all are represented. The court has jurisdiction to make such orders but must exercise caution and ensure fairness to all potential beneficiaries. The parties are given a final opportunity to agree a simpler, fairer funding arrangement before the court will make further directions.

Court Disposition

Applications adjourned; proposed funding arrangement not approved; parties given final opportunity to agree alternative funding by 25 April 2025.

Orders

  • Applications adjourned to allow parties to seek agreement on a revised funding arrangement by 25 April 2025.
  • No approval of the current funding proposal.