JSC BTA Bank v Solodchenko & Ors

JSC BTA Bank v Solodchenko & Ors

The court has jurisdiction to order a solicitor to disclose a client's contact details supplied in confidence, but this power is exceptional and should only be exercised to further the interests of justice, particularly to enforce a committal order. The balance of public interest in this case favours disclosure of Mr Shalabayev's contact details to aid enforcement of the committal order, but does not justify compelling disclosure of asset or funding information, which is likely privileged and would inhibit the right to legal advice.

Parties
Claimant/applicant: JSC BTA Bank; Defendant: Roman Solodchenko; Defendant/respondent: Syrym Shalabayev; Respondent (solicitors for Mr Shalabayev): Clyde & Co LLP
Jurisdiction
England and Wales
Judgment Date
05 August 2011
Procedural Posture
Civil (asset Recovery/freezing Order/committal) / Application for Disclosure Orders Against Solicitors of a Contemnor
Outcome
Application granted in part; dismissed in part.
Legal Topics
Freezing Orders, Committal for Contempt, Disclosure Orders Against Solicitors, Legal Professional Privilege, Enforcement of Court Orders
Civil Procedure Asset Recovery Legal Professional Privilege Freezing Orders Committal for Contempt Disclosure Orders Against Solicitors Enforcement of Court Orders

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Parties

JSC BTA Bank

Claimant/applicant

Roman Solodchenko

Defendant

Syrym Shalabayev

Defendant/respondent

Clyde & Co LLP

Respondent (solicitors for Mr Shalabayev)

Procedural Posture

Civil (asset Recovery/freezing Order/committal) / Application for Disclosure Orders Against Solicitors of a Contemnor

Legal Issues

  1. 1 Whether the court has jurisdiction to order a solicitor to disclose a client's contact details supplied in confidence
  2. 2 Whether the court should order disclosure of asset information held by solicitors for a client in contempt
  3. 3 Whether the court should order disclosure of funding information relating to payment of solicitors' fees

Ratio Decidendi

The court has jurisdiction to order a solicitor to disclose a client's contact details supplied in confidence, but this power is exceptional and should only be exercised to further the interests of justice, particularly to enforce a committal order. The balance of public interest in this case favours disclosure of Mr Shalabayev's contact details to aid enforcement of the committal order, but does not justify compelling disclosure of asset or funding information, which is likely privileged and would inhibit the right to legal advice.

Court Disposition

Application granted in part; dismissed in part.

Orders

  • Clyde & Co LLP to disclose all historic and current contact details (including postal and email addresses and telephone numbers) held for Mr Shalabayev to the Bank's solicitors and the Tipstaff.
  • Application for disclosure of asset information and funding details dismissed, subject to a possible letter of clarification regarding funding of committal proceedings.