Akhmedova v Akhmedov & Ors
The court is satisfied that the applicant has an extremely strong prima facie case, faces serious damage due to non-disclosure and destruction of evidence, there is clear evidence of possession of incriminating documents with a real possibility of destruction, and the harm to the respondent is not excessive or disproportionate. The requirements for a search order are met.
- Parties
- Claimant: Tatiana Akhmedova; Defendant: Temur Akhmedov; Defendant: Farkhad Akhmedov; Defendant: Counselor; Defendant: Sobaldo; Defendant: Borderedge
- Jurisdiction
- England and Wales
- Judgment Date
- 28 October 2020
- Procedural Posture
- Family Division / Without Notice Application for Search Order
- Outcome
- Search order granted against Temur Akhmedov.
- Legal Topics
- Search Orders, Disclosure, Freezing Orders, Asset Concealment, Enforcement of Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
Tatiana Akhmedova
Claimant
Temur Akhmedov
Defendant
Farkhad Akhmedov
Defendant
Counselor
Defendant
Sobaldo
Defendant
Borderedge
Defendant
Procedural Posture
Family Division / Without Notice Application for Search Order
Legal Issues
- 1 Whether a search order should be granted against Temur Akhmedov
- 2 Whether the requirements for a search order are met
- 3 Whether Temur Akhmedov has failed to comply with disclosure and forensic examination orders
Ratio Decidendi
The court is satisfied that the applicant has an extremely strong prima facie case, faces serious damage due to non-disclosure and destruction of evidence, there is clear evidence of possession of incriminating documents with a real possibility of destruction, and the harm to the respondent is not excessive or disproportionate. The requirements for a search order are met.
Court Disposition
Search order granted against Temur Akhmedov.
Orders
- Search order to be executed at Temur Akhmedov's flat for electronic devices.
- Forensic imaging of devices by independent IT expert Aon.
Full Case Text
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