Bourlakova & Ors v Bourlakov & Ors [2024] EWHC 3524 (Ch) (05 December 2024)

Bourlakova & Ors v Bourlakov & Ors [2024] EWHC 3524 (Ch) (05 December 2024)

The information sought by the Claimants is necessary and proportionate to clarify matters in dispute regarding alleged misappropriation of Edelweiss' assets, the value of those assets, and to prepare for both the main claim and the injunction application. Edelweiss is well placed to provide the information from its own records, and its prior vacillation undermines its proportionality objections. The request is granted with modifications to exclude information about assets or proceeds received by 'any other person' and to limit the scope of what became of such assets or proceeds.

Citation
[2024] EWHC 3524 (Ch)
Parties
Claimant: Loudmila Bourlakova & Ors; Defendant: Oleg Bourlakov & Ors
Jurisdiction
England and Wales
Judgment Date
05 December 2024
Procedural Posture
Civil (chancery Division) / Interlocutory Application Ruling (cpr Part 18 Request for Information)
Outcome
Application granted with modification
Legal Topics
Requests for Further Information, Disclosure, Asset Misappropriation, Declaratory Relief, Injunctions
Civil Procedure Company Law Fraud Requests for Further Information Disclosure Asset Misappropriation Declaratory Relief Injunctions

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Parties

Loudmila Bourlakova & Ors

Claimant

Oleg Bourlakov & Ors

Defendant

Procedural Posture

Civil (chancery Division) / Interlocutory Application Ruling (cpr Part 18 Request for Information)

Legal Issues

  1. 1 Whether Edelweiss Investments Inc. must provide information under CPR Part 18 regarding asset transfers exceeding $50,000 between April 2018 and July 2020
  2. 2 Whether the request is reasonably necessary and proportionate under CPR PD 18
  3. 3 Whether the pending summary judgment application or foreign proceedings affect the exercise of discretion to order provision of information

Ratio Decidendi

The information sought by the Claimants is necessary and proportionate to clarify matters in dispute regarding alleged misappropriation of Edelweiss' assets, the value of those assets, and to prepare for both the main claim and the injunction application. Edelweiss is well placed to provide the information from its own records, and its prior vacillation undermines its proportionality objections. The request is granted with modifications to exclude information about assets or proceeds received by 'any other person' and to limit the scope of what became of such assets or proceeds.

Court Disposition

Application granted with modification

Orders

  • Edelweiss Investments Inc. must provide the requested information under CPR Part 18 as modified: excluding sub-paragraphs (f) as to 'any other person' and (g) as to 'what became of such assets or proceeds' beyond Edelweiss itself.