Ramilos Trading Ltd v Buyanovsky

Ramilos Trading Ltd v Buyanovsky

The application for Norwich Pharmacal relief is dismissed because (i) the English court has no jurisdiction to grant such relief for evidence to be used in foreign proceedings due to the exclusive statutory regime under the Evidence (Proceedings in Other Jurisdictions) Act 1975, (ii) the claimant’s application is an...

Source-derived case information.

Parties
Claimant: Ramilos Trading Limited; Defendant: Valentin Mikhaylovich Buyanovsky
Jurisdiction
England and Wales
Judgment Date
09 December 2016
Procedural Posture
Commercial Application (norwich Pharmacal/bankers Trust) / Judgment on Application for Norwich Pharmacal/bankers Trust Order
Outcome
Application dismissed
Legal Topics
Norwich Pharmacal Relief, Bankers Trust Orders, Pre Action Disclosure, Jurisdiction, Evidence for Foreign Proceedings
Civil Procedure Commercial Law Norwich Pharmacal Relief Bankers Trust Orders Pre Action Disclosure Jurisdiction Evidence for Foreign Proceedings

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Parties

Ramilos Trading Limited

Claimant

Valentin Mikhaylovich Buyanovsky

Defendant

Procedural Posture

Commercial Application (norwich Pharmacal/bankers Trust) / Judgment on Application for Norwich Pharmacal/bankers Trust Order

Legal Issues

  1. 1 Whether the claimant is entitled to Norwich Pharmacal and/or Bankers Trust relief against the defendant
  2. 2 Whether the application is an impermissible fishing expedition
  3. 3 Whether the English court has jurisdiction to grant Norwich Pharmacal relief for evidence to be used in foreign proceedings

Ratio Decidendi

The application for Norwich Pharmacal relief is dismissed because (i) the English court has no jurisdiction to grant such relief for evidence to be used in foreign proceedings due to the exclusive statutory regime under the Evidence (Proceedings in Other Jurisdictions) Act 1975, (ii) the claimant’s application is an impermissible fishing expedition seeking wide-ranging disclosure and evidence, (iii) the claimant does not have a good arguable case of wrongdoing on the main grounds advanced, and (iv) even if there were an arguable case, the relief sought is unnecessary, disproportionate, and delayed.

Court Disposition

Application dismissed