Berezovsky v Abramovich

Berezovsky v Abramovich

Privilege in the Patarkatsishvili materials was waived by the Claimant's deployment of their content in interlocutory proceedings on the merits; collateral waiver applies and disclosure must be given. The Defendant is granted permission to re-amend his Defence to plead Russian law as the applicable law to the tort of intimidation, as the balance of prejudice and interests of justice favour allowing the amendment.

Parties
Claimant: Boris Abramovich Berezovsky; Defendant: Roman Arkadievich Abramovich
Jurisdiction
England and Wales
Judgment Date
06 May 2011
Procedural Posture
Commercial Civil Litigation / Interlocutory Application Ruling
Outcome
Defendant's applications for disclosure and permission to re-amend Defence granted
Legal Topics
Litigation Privilege, Collateral Waiver, Amendment of Pleadings, Applicable Law in Tort, Disclosure of Documents
Civil Procedure Private International Law Evidence Litigation Privilege Collateral Waiver Amendment of Pleadings Applicable Law in Tort Disclosure of Documents

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Parties

Boris Abramovich Berezovsky

Claimant

Roman Arkadievich Abramovich

Defendant

Procedural Posture

Commercial Civil Litigation / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the Claimant has waived privilege over the Patarkatsishvili materials by deploying their content in interlocutory proceedings
  2. 2 Whether the Defendant should be granted permission to re-amend his Defence to plead Russian law as the applicable law to the tort of intimidation

Ratio Decidendi

Privilege in the Patarkatsishvili materials was waived by the Claimant's deployment of their content in interlocutory proceedings on the merits; collateral waiver applies and disclosure must be given. The Defendant is granted permission to re-amend his Defence to plead Russian law as the applicable law to the tort of intimidation, as the balance of prejudice and interests of justice favour allowing the amendment.

Court Disposition

Defendant's applications for disclosure and permission to re-amend Defence granted

Orders

  • Claimant to give specific disclosure of all documents recording or reflecting the content of interviews or conversations between Mr Patarkatsishvili and the Claimant’s former solicitors relating to the subject matter of the proceedings, with inspection to be provided by uploading to the Central Commercial Database...
  • Defendant granted permission to re-amend Defence to plead Russian law as the applicable law to the tort of intimidation; Defendant to pay Claimant’s costs occasioned by the amendments.