Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

Loudmila Bourlakova & Ors v Oleg Bourlakov & Ors

The proposed funding arrangement, in its current form, would unfairly encumber the estate with significant liability and priority repayment to Edelweiss, in circumstances where not all beneficiaries agree and the estate has no crystallised assets. The court has jurisdiction to make such orders but must exercise caution; justice does not require approval of the present proposal.

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
Jurisdiction
England and Wales
Judgment Date
14 April 2025
Procedural Posture
Civil / Interlocutory Ruling on Funding and Representation of Estate
Outcome
Applications adjourned; proposed funding arrangement not approved.
Legal Topics
Non Party Costs Orders, Estate Representation, Funding Arrangements, Case Management
Civil Procedure Trusts and Estates Costs Non Party Costs Orders Estate Representation Funding Arrangements Case Management

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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

Procedural Posture

Civil / Interlocutory Ruling on Funding and Representation of Estate

Legal Issues

  1. 1 Whether the court should approve the proposed funding arrangement for the estate's representative
  2. 2 Whether the court has jurisdiction to make interim costs orders in favour of and against non-parties
  3. 3 Whether the proposed funding arrangement is fair and workable given competing interests

Ratio Decidendi

The proposed funding arrangement, in its current form, would unfairly encumber the estate with significant liability and priority repayment to Edelweiss, in circumstances where not all beneficiaries agree and the estate has no crystallised assets. The court has jurisdiction to make such orders but must exercise caution; justice does not require approval of the present proposal.

Court Disposition

Applications adjourned; proposed funding arrangement not approved.

Orders

  • Parties to submit written proposals or report by 25 April 2025 on any agreed funding arrangement.
  • Court will decide the applications on the papers without further hearing.