Berezovsky v Abramovich

Berezovsky v Abramovich

The application for enhanced disclosure was refused because standard disclosure had not yet taken place, there was no evidence as to what categories of documents would be affected, and the application was not sufficiently focused or supported. The court held that it would be inappropriate to make a broad enhanced disclosure order at this stage, but did not rule out the possibility of such an order after standard disclosure.

Parties
Claimant: Boris Abramovich Berezovsky; Defendant: Roman Arkadievich Abramovich
Jurisdiction
England and Wales
Judgment Date
06 August 2010
Procedural Posture
Commercial Court Civil Claim / Interlocutory Application for Enhanced Disclosure
Outcome
Application for enhanced disclosure refused
Legal Topics
Disclosure, Enhanced Disclosure, Peruvian Guano Order, Standard Disclosure, Civil Litigation
Civil Procedure Disclosure Enhanced Disclosure Peruvian Guano Order Standard Disclosure Civil Litigation

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Parties

Boris Abramovich Berezovsky

Claimant

Roman Arkadievich Abramovich

Defendant

Procedural Posture

Commercial Court Civil Claim / Interlocutory Application for Enhanced Disclosure

Legal Issues

  1. 1 Whether an order for enhanced disclosure (Peruvian Guano order) should be made at this stage of proceedings

Ratio Decidendi

The application for enhanced disclosure was refused because standard disclosure had not yet taken place, there was no evidence as to what categories of documents would be affected, and the application was not sufficiently focused or supported. The court held that it would be inappropriate to make a broad enhanced disclosure order at this stage, but did not rule out the possibility of such an order after standard disclosure.

Court Disposition

Application for enhanced disclosure refused

Orders

  • No order for enhanced disclosure at this stage
  • Parties to be heard on whether to set a timetable for any future application for enhanced or specific disclosure after standard disclosure