Bank St Petersburg PJSC & Anor v Arkhangelsky & Ors [2015] EWHC 2997 (Ch) (23 October 2015)

Bank St Petersburg PJSC & Anor v Arkhangelsky & Ors [2015] EWHC 2997 (Ch) (23 October 2015)

The Claimants are required to conduct further reasonable searches for documents in their possession and to provide a verified statement explaining the scope and limitations of those searches. For documents held by third parties (Messrs Smirnov, Zelyenov, Sklyarevsky and their companies), the Claimants must request...

Source-derived case information.

Citation
[2015] EWHC 2997 (Ch)
Parties
Claimant: Bank St Petersburg PJSC; Claimant: Alexander Savelyev; Defendant: Vitaly Arkhangelsky; Defendant: Julia Arkhangelskaya; Additional Party: Oslo Marine Group Ports LLC
Jurisdiction
England and Wales
Judgment Date
23 October 2015
Procedural Posture
Chancery Division Civil Litigation / Case Management Conference; Interlocutory Judgment on Disclosure and Procedural Issues
Outcome
Interlocutory orders made; directions given for further disclosure, translation of expert reports, and procedural steps; some issues reserved for further submissions.
Legal Topics
Disclosure of Documents, Control for Disclosure Purposes, Agency and Nomineeship, Translation of Expert Evidence, Service of Documents, Mc Kenzie Friend Rights
Civil Procedure Banking Law Insolvency Agency Law Disclosure of Documents Control for Disclosure Purposes Agency and Nomineeship Translation of Expert Evidence +2 more

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Summary, issues, holding and outcome

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Parties

Bank St Petersburg PJSC

Claimant

Alexander Savelyev

Claimant

Vitaly Arkhangelsky

Defendant

Julia Arkhangelskaya

Defendant

Oslo Marine Group Ports LLC

Additional Party

Procedural Posture

Chancery Division Civil Litigation / Case Management Conference; Interlocutory Judgment on Disclosure and Procedural Issues

Legal Issues

  1. 1 Whether the Claimants must provide further disclosure of documents in their possession and control, including those held by third parties allegedly under their control
  2. 2 Whether the Claimants are required to seek documents from third parties (Messrs Smirnov, Zelyenov, Sklyarevsky and their companies)
  3. 3 Whether the Claimants must obtain and disclose documents held by liquidators/administrators of Russian companies

Ratio Decidendi

The Claimants are required to conduct further reasonable searches for documents in their possession and to provide a verified statement explaining the scope and limitations of those searches. For documents held by third parties (Messrs Smirnov, Zelyenov, Sklyarevsky and their companies), the Claimants must request relevant documents but are not required to compel production beyond their legal or practical control. No obligation arises to obtain documents from liquidators/administrators absent a clear legal right. Expert reports must be translated into Russian for the Defendants. The court has jurisdiction to permit a McKenzie friend to assist a corporate party in appropriate circumstances.

Court Disposition

Interlocutory orders made; directions given for further disclosure, translation of expert reports, and procedural steps; some issues reserved for further submissions.

Orders

  • Claimants to conduct further reasonable searches for documents in their possession and provide a verified disclosure statement detailing the searches and any limitations.
  • Claimants to write to specified third parties (Messrs Smirnov, Zelyenov, Sklyarevsky and relevant companies) requesting relevant documents and to produce any documents received, with a verified statement of responses.